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CC - 08-25-09Minutes of the REGULAR CITY COUNCIL MEETING August 25, 2009 The regular meeting of the Rosemead City Council was called to order by Mayor Clark at 7:02 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. FLAG SALUTE: Mayor Pro Tern Taylor INVOCATION: Council Member Armenta PRESENT: Mayor Clark, Mayor Pro Tern Taylor, Council Member Armenta, Council Member Low, and Council Member Ly. OFFICIALS PRESENT: City Manager Allred, Assistant City Manager Hawkesworth, Interim City Attorney Montes, Economic Development Director Saeki, Director of Finance Brisco, Director of Parks and Recreation Montgomery-Scott, Economic Development Administrator Ramirez, Deputy Public Works Director Marcarello, and City Clerk Molleda. 1. PRESENTATION Proclamation to Huy Fong Foods, Inc. Mayor Clark along with the City Council presented Huy Fong Foods, Inc with a Proclamation. The Rosemead Chamber also presented a proclamation to Huy Fong Foods, Inc. 2. PUBLIC COMMENT FROM THE AUDIENCE Brian Lewin - spoke on behalf of Nancy Eng and read her letter thanking staff and Council for the Rosemead 501h bash and National Night Out event as well as supporting the Public Safety Center. Also, Ms. Eng expressed concern to learn that at the monthly Public Safety workshops, the crime statistic reports will not be released until the City Council reviews them first. Mr. Eng's letter described that the monthly crime statistic updates are important and very useful to her as a neighborhood watch captain because it allows her to alert neighbors. Mayor Clark asked staff to look into the concerns addressed by Ms. Nancy Eng's letter. Sharon Espuivel - commended city staff on the quick response in regards to graffiti removal. She thanked the Council for supporting the Public Safety Center and asked why current crime statistic reports will not be available at the monthly Public Safety Center workshops. Ms. Esquivel expressed concern and stated the neighbors wanted to be more alert about crimes in their neighborhoods. Rosemead City Council Meeting Minutes of August 25, 2009 Page 1 of 17 Council Member Ly asked staff if the report can be given simultaneously to the residents as well as City Council. He added Block Captains should have the data since they talk to the neighbors and can better address the safety needs of that area. Mayor Pro Tem Taylor agreed to release the crime statistic report simultaneously to the public as well as to the Council. However, Mr. Taylor expressed concern and stated that in the past there had been a few incidents when information was released and Council received calls from the public and had no idea what the public was talking about because Council had not had a chance to see the reports. Council Member Armenta agreed with Mr. Taylor in releasing the crime statistic reports simultaneously. Ms. Armenta added that it was important that council know what was going on in the city because they do receive phone calls from residents. City Manager Allred stated that staff will institute that practice and will distribute the crime statistic reports immediately. Chuck Lvons - invited Council to the 28th Cross Country event taking place September 17, 2009. Also, thanked staff for trimming the trees in Rosemead Park. Mr. Lyons suggested on a 5K event to take place along with a city event. Mr. Lyons also suggested lighted crosswalks by the high school and also stated that people have cut him off on the northbound lane at Rosemead Boulevard, right turn lane. Mr. Lyons asked staff to talk to Caltrans to improve the lane. Mayor Clark asked that staff look into the crosswalk issue and expressed concern with unsigned crosswalks Also, suggested that a flashing signal would make the crosswalk safer. Council Member Armenta stated that she lives by the Target center and there is a sign that says right turn only and there are always people wanting to get in that right lane to cut into the passing. Juan Nunez - stated that a past Council had passed a rule that if there was a disturbance and a second call was made, the people disturbing would receive a fine. Mr. Nunez asked if this rule was still in effect. Chief of Police Murakami stated that there is an ordinance in place that references day time versus night time. It is citable but the officer has to witness the offence, it has to be a certain level, it cannot be just because you hear it. Juan Nunez asked how he would measure the noise level. Mr. Nunez had an altercation with a neighbor regarding noise disturbance. Chief of Police Murakami explained that the person who Mr. Nunez had an altercation with was arrested on a felony offense. Rosemead City Council Meeting Minutes of August 25, 2009 Page 2 of 17 3. CONSENT CALENDAR A. Minutes July 14, 2009 - Regular Meeting July 14, 2009 - Special Meeting August 5, 2009 - Special Meeting B. Claims and Demands Resolution No. 2009 - 46 Recommendation: Adopt Resolution No. 2009-46, for payment of City expenditures in the amount of $421,374.51 numbered 67230 through 67275. C. California Contract Cities Association - 29th Annual California Contract Cities Association - Fall Seminar - September 25-27, 2009 - Carlsbad The California Contract Cities Association 29th Annual California Contract Cities Association will take place on September 25.27, 2009, in Carlsbad, California. Recommendation: That the City Council authorize any Council Member, the City Manager, or a staff designee to attend the event at City expense. D. Ratification of a Youth Ad Hoc Committee Appointment The City Council will consider the ratification of the appointment of Taymar Quezada to the Youth Ad Hoc Committee. Recommendation: That the City Council ratify the appointment of Taymar Quezada to the Youth Ad Hoc Committee. Council Member Ly made a motion, seconded by Council Member Armenta to approved Consent Calendar items A (excluding minutes of August 11, 2009), item B (excluding resolution 2009-45), item C and D. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None Rosemead City Council Meeting Minutes of August 25, 2009 Page 3 of 17 A. Minutes August 11, 2009 - Special Meeting Mayor Pro Tem Taylorasked that the minutes of August 11, 2009 be deferred to the next meeting. He stated that the last sentence of the minutes during closed session item be clarified. He clarified that when item 1A was being discussed he did not participate on that item. Council Member Ly suggested that maybe the word recuse could be used instead. Mayor Clarkstated Mr. Taylor did not recuse; he left the meeting during item 1A. Mayor Pro Tem Taylor stated 'Without mentioning what it was that he ask for more information on that project and that he had received nothing. Mr. Taylor added that he would participate in item B but not item A". The bottom part of the sentence was just too blunt and incorrect. Mayor Clarkasked if he would like to add, "When Item 1A was discussed" to the sentence to clarify. Mayor Pro Tern Taylor replied yes, he had a reason for walking out of the closed session during item 1A. Also, clarified that for staff, he had requested information and it was not given to him. Mr. Taylor asked for three other slaughterhouses that had ventilation, for the Cal Poultry property. Economic Development Director Saeki replied that information was to be included during that discussion in closed session. Mayor Pro Tem Taylor asked where the information was. Economic Development Director Saeki explained that there is no information to give out, it's a one of a kind system and there is no other facility that has a similar system. Mayor Pro Tern Taylor reiterated that in the city of Los Angeles there is another facility that Mr. Saeki specifically referred to many months back when the issue started. Mr. Taylor wanted to see this so he may give a fair evaluation on what's going on; yet he had not received anything. Economic Development Director Saeki stated that he actually went out to that facility and asked the owner of Cal Poultry if that was the same filtration system and he said no, that it was one of a kind system. Mayor Clark asked Mr. Taylor if he wanted these additions tonight. Mayor Pro Tem Taylor stated when the minutes come back for approval at the next meeting; and that he did not want to add additional verbiage to the minutes on something he did not say during that meeting, he was just clarifying. Rosemead City Council Meeting Minutes of August 25, 2009 Page 4 of 17 B. Claims and Demands Resolution No. 2009 - 45 Recommendation: Adopt Resolution No. 2009-45, for payment of City expenditures in the amount of $859,228.24 numbered 100482 through 100503 and 67074 through 67229. Mayor Pro Tem Taylor inquired on a class instructor fee, for $2,306 dollars and another for $70 dollars. On another page, was $100 dollars, $22 dollars, and then a $175 dollar fee and recently there has been claims and demands with fees of $1,300 dollars, $1,500 dollars for classes. Asked staff to bring back about six months back of records and find out what these classes are. Stating he had never seen fees so high. Also, added he would like more back up information for a payment of $889.00 dollars to a paint shop. Mayor Pro Tern Taylor made a motion, seconded by Council Member Ly, to approve Resolution 2009- 45. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None Marlene Shinen - expressed concern with Cal Poultry on behalf of an absent resident. Reiterating that the facility should have been shut down, the odor that comes from that facility is horrid. Ms. Shinen described the odor to be very strong and you can smell it from her car. She submitted a photo she took of the facility and described a young girl walking out holding her nose because she cannot stand the smell. Ms. Shinen concluded by reiterating that the facility should have been closed by now. E. Sister City Committees Policy The City of Rosemead has established ongoing "sister city' relationships with Keelung, Taiwan and Zapopan, Mexico. At the request of interested citizens, a policy statement has been prepared for the formation and operation of separate citizen-based sister city committees, one for each sister city. The proposed policy statement calls for City Council appointment of an Executive Board for each sister city committee comprised of volunteer citizens who will guide and oversee the committee's activities. The policy also encourages the formation of independent private non-profit organizations to raise funds and finance sister city exchange activities. Recommendation: That the City Council approve the proposed policy for Sister City Committees. Mayor Pro Tem Taylor stated that the city had a sister city program ongoing for about 30 years, now the vast majority of the members are deceased. He expressed concern about the tax payer's money being used to pay for travel expenses. Volunteers would organize and raise their own funds for travel; however, he objects having City Council members get their expenses paid through the program which could cost thousands of Rosemead City Council Meeting Minutes of August 25, 2009 Page 5 of 17 dollars. Mr. Taylor reiterated that city funds are not to be used, although it states on the back of the staff report under financial review, the approval of the proposed policy will not make any immediate direct financial impact. He felt that the wording was tricky because the city would not pay at the moment, but if expenses arise, the city will have to pay. Council Member Ly agreed with Mr. Taylor's assessment, and added that the general policy of the proposal should state that no city funds will go towards any travel expenses. Mr. Ly stated that there was inconsistency with the program, after reading the report and asked who will be the staff liaison to the sister city committee. City Manager Allred stated that the assignment had not been made yet. It would most likely be a salary employee so the city would not have any overtime expenditures. Also, stated that there is a provision in the policy where it encourages development of a non-profit corporation or organization to pay for expenses, the city would not be paying for. Mayor Pro Tem Taylor acknowledged that other sister city programs in other cities, council expenses are paid. He asked that staff make sure that the provision include that no funds will be used for the City Council members as well as volunteers for travel expenses. Council Member Low agreed with Mr. Taylor and Mr. Ly on this issue, and clarified that there will not be any spending of any city funds for travel; but asked what about other expenses. Mayor Pro Tern Taylor stated that there would only be promotional expenditures for the program for promoting sister city program. Also, the committee will try to get business members involved as well as outside businesses of other cities. Mr. Taylor stated that he did not want to spend money promoting individuals or particular businesses. Council Member Low asked for the report to have the right wording to protect the city and not spend city money inappropriately. City Manager Allred stated that staff can add an item to the provisions indicating that city funds will not be spent on expenses for council members participating in the program. Mayor Pro Tem Taylor asked that they also incorporate the volunteers as well. Council Member Low asked that the item be deferred so staff can make the changes and bring back at the next meeting. Council Member Armenta stated she agreed with Mr. Taylor and Ms. Low that the committee is important but the way the economy is now, the city does not have the resources to allocate these expenditures. Mayor Clark agreed with the rest of the council. Rosemead City Council Meeting Minutes of August 25, 2009 Page 6 of 17 F. Update on Billing from the former City Attorney A Council Member has requested an update on the status of any outstanding bills from the previous City Attorney firm of Garcia, Calderon, Ruiz, LLP. Staff spoke to Mr. Bonny Garcia on August 13, 2009 and found that the City still has one outstanding invoice for retainer service for August 2008. Once this invoice has been paid, the account will be paid in full. Recommendation: That the City Council receive and file this report. Mayor Pro Tem Taylor stated that the updated billing from the previous city attorney was $15,000 dollars and thought it was ironic that the billing itself went back one year to the month of October. Mr. Taylor asked City Attorney Montes if on a September special meeting with the Garvey School District, Mr. Montes filed] in that night. City Attorney Montes replied that there was a special meeting involving the Garvey School District associated with their intended use of the closing school sites, and there was a conflict with that particular agenda item and he had to step in that evening. Mayor Pro Tem Taylor asked if that was on August about a year ago or September the 5th? City Attorney Montes replied that he had no specific recollection, it was some time ago. Council Member Ly commented that it was more that a year or two ago. Mayor Pro Tem Taylor stated it was September 5th and that on this past April there was a discussion about the City Attorney billing months behind and Mr. Garcia gave council a clarification that their computer system was not functioning properly. Now there is a bill from one year ago and was not sure what it was for. Council Member Low asked staff to research more information and reveiw the minutes to see what happened and what was that billing for; according to the report the city still owes Mr. Garcia one payment. Assistant City Manager Hawkesworth stated that a copy of the billing was provided last week to the city council. Also, that under the existing contract the city had with the firm, the retainer for a minimum of $15,000 dollars per month as well as some FedEx and office supply charges were included. He was not sure what additional clarification staff can get other than a detail provided in the invoice that was already given to the city council. Mayor Pro Tern Taylor stated that he agrees with Ms. Low to deferred the item to the next meeting. Assistant City Manager Hawkesworth asked for clarification on council's direction. According to Mr. Garcia he claims he did give the city a bill and that it was never paid. Also, the firm was reconciling their accounts and realized that the city had not paid it. Mr. Hawkesworth explained that all attorney billings were copied to all council and he could not find that specific invoice Mr. Garcia sent to the city. Rosemead City Council Meeting Minutes of August 25, 2009 Page 7 of 17 Mayor Pro Tem Taylor stated that Mr. Garcia said the same thing when Mr. Taylor was supposed to be sent to the Grand Jury, he submitted a billing for $40,000 dollars after the issue was resolved. Mr. Taylor stated that it was intriguing that Mr. Garcia, for the second time would say that he submitted an invoice and the city did not pay. Assistant City Manager Hawkesworth replied that during a conversation with Mr. Garcia he asked for the final amount due of what the city owes, and he would forward it to council. Mayor Pro Tem Taylor asked that the item be brought back and added that Mr. Garcia specifically told the council in the past that there was a computer glitch and it would not happen again. Assistant City Manager Hawkesworth explained the firm was transitioning to a new billing system and they were having trouble generating bills. Council Member Armenta asked staff if City Attorney Montes was paid at the meeting in question as well as Mr. Garcia. She hopes that Mr. Garcia's firm was not paid, in hopes that there was no double dipping going on. Mayor Pro Tem Taylorclarified that he could be wrong in the sense that Mr. Garcia was preparing for a City Council meeting. Mr. George Yin stepped in to the Garvey School District meeting and Mr. Montes stepped in as well because there was an agreement that he would represent the city in case conflicts arise. G. Adoption of the Updated 2009 Congestion Management Program and 2009 Local Development Report The Congestion Management Program (CMP) is a state mandated program that helps address the impact of urban congestion in local communities. The CMP requires that cities in Los Angeles County file a Local Development Report (LDR) indicating the City's actions taken to reduce traffic congestion in the region. In order to meet its requirements, the City must adopt a resolution finding the City of Rosemead in compliance with the CMP for the Los Angeles County and also submit a Local Development Report. Recommendation: That the City Council: Adopt Resolution No. 2009-44 finding that the City is in conformance with the Congestion Management Program (CM P) for the County of Los Angeles; '2. Adopt the 2009 Local Development Report; and 3. Authorize staff to submit the CMP Local Development Report to the Los Angeles County Metropolitan Authority Juan Nunez - asked how the city was planning to update a plan to reduce congestion on Del Mar Avenue when students are coming out of school. Rosemead City Council Meeting Minutes of August 25, 2009 Page 8 of 17 City Manager Allred clarified that the document is a county document that the city is required to adopt. Deputy Public Works Director Marcarello gave an overview of the staff report it. Council Member Ly made a motion, seconded by Mayor Pro Tern Taylor to adopt the updated Congestion Management Program. Vote resulted in: Yes: Armenta, Clark, Low, Ly Taylor No: None Abstain: None Absent: None H. Memorandum of Understanding (MOU) with the Los Angeles County Metropolitan Transportation Authority for Countywide Signal Priority Program The Metropolitan Transportation Authority (Metro) Rapid bus program is a high capacity transit system that provides more frequent services with fewer stops than other Metro transit lines. Metro Rapid Line 770 runs through Rosemead along Garvey Avenue. As part of the Metro Rapid service, Metro has asked that the City adopt a Memorandum of Understanding (MOU) clarifying duties and responsibilities between Metro and the City as it relates to the Countywide Signal Priority (CSP) Program. This MOU will also allow Metro to install CSP communications equipment on City-owned traffic signals along Garvey Avenue. Recommendation: That the City Council approve the Memorandum of Understanding between the City of Rosemead and the Los Angeles County Metropolitan Transportation Authority to deploy bus signal priority equipment along Garvey Avenue as part of Metro's Countywide Signal Priority program. Juan Nunez - stated that the bus line 770 not many people ride on it Council Member Ly explained that the 770 bus line was a rapid line that gets you from El Monte station to Union Station. The 770 bus line is designed for locations near downtown areas. By realigning the light, Metro is trying to speed up that route and give people more options in terms of alternative transportation. Juan Nunez stated that he would make his own survey and asked if Metro receives any subsidiary from the state or the county? Mayor Pro Tern Taylor stated that Metro is publicly funded to keep its operation. He also stated that there are 58 signals from Caesar Chavez to the El Monte station and the way the system will operate, the bus will be traveling along were it has a wireless system where it programs the signal to change green within a five second interval, plus or minus. If there are that many buses going east and west that means they don't desynchronize the signals as such they only do it spontaneously for that particular light. Deputy Public Works Director Marcarello added that typically only ten percent of the cycle is allocated through this priority request either for an early green light or an extension. Rosemead City Council Meeting Minutes of August 25, 2009 Page 9 of 17 Mayor Pro Tem Taylor asked if it was ten percent of that 30 second cycle. When the county sets up a plan and the city does not follow it the County cuts our county funding. Council Member Low made a motion, seconded by Council Member Ly approve Memorandum of Understanding between the Los Angeles County Metropolitan Transportation Authority. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None 4. MATTERS FROM CITY MANAGER & STAFF A. Preparation of a Mobilehome Park Tenant Relocation Ordinance A request has been made of the City Council to consider a moratorium on the displacement of low income residents from mobilehome parks in the City of Rosemead. California Government Code Section 65858 authorizes cities to adopt interim urgency zoning ordinances or moratoriums to place a temporary "hold" on certain matters. Section 65858(c) states that in order to adopt a moratorium, the ordinance must contain findings that there is a current and immediate threat to the public's health, safety, or welfare. At the present time, there are no current applications of which staff is aware that would result in the immediate displacement of mobilehome park residents. As a result, it will be difficult to make the findings required to adopt a moratorium by an urgency ordinance. Additionally, interim urgency zoning ordinances are temporary and may only last for the period of time necessary for the City to address the concerns which prompted the adoption of the moratorium. An effective action that the City Council can take to address mobilehome relocation issues is to adopt its own mobilehome "change of use" ordinance. Such an ordinance is in the process of being developed and can be presented to the Council in late September or October. The proposed ordinance would require input from the City Council early on in the change of use/relocation process and allow the Council to be more involved to ensure the change of use process is handled properly. Therefore, a moratorium may not be necessary as a mobilehome park change of use ordinance can be adopted within the next few months. Recommendation: That the City Council direct staff to finalize a proposed mobilehome park relocation ordinance for Council's consideration no later than the meeting of October 26th. Economic Development Director Saeki reviewed staff report. Rosemead City Council Meeting Minutes of August 25, 2009 Page 10 of 17 Lillian Sacco - read her comments stating that she understood why a moratorium on the displacement of low income trailer park residents was not appropriate or necessary. While the city council is taking an important step forward by planning to adopt a mobile home change of use ordinance, she is concerned with the interpretation of the ordinance of the State. The interpretation of the weasel word reasonable depends on the mind of the person who is making the determination. The immediate problem of displacement of the families in spaces 1A, and 3A in Park Monterey could be resolved if the owner would reserve two of the dedicated spots of the condominiums for the residents of 1A and 3A. After all the dedicated units are for affordable housing and these families are in need of affordable housing. Francisco Mata -stated that his family is indeed in pain as they are being displaced. Although, they are following the process of relocation, they are not happy so far with what is going on as they are economically distressed. Mr. Mata hopes that the city council will oversee that they are treated fairly. Mayor Clark explained to Mr. Mata that he was not under relocation at this time. The project is on phase one and he is located on phase two. The owners have not submitted documents requesting for phase two. Council Member Ly explained that the reason council could not do a moratorium is because the owners have not applied to change the use of that part of Park Monterey. That is the reason why staff is recommending instead that council work on an ordinance. Mayor Pro Tem Taylor asked Mr. Mata how long has he been in his unit. Mr. Mata responded that he has been in his unit for 12 years. City Attorney Montes explained that staff will be working on an ordinance and bringing it back in October for council's consideration. Also, the fact that this is being discussed publicly, if an application were to be submitted prior to the adoption of the ordinance the rules would still apply to the application. Mayor Pro Tem Taylor asked where in the report it stated that council is going to be adopting an ordinance. City Attorney Montes stated that the staff report indicates there is going to be an ordinance brought back in October. The owners may submit an application but if the application takes 12 months to process, then the ordinance should be adopted in two months. Council Member Armenta made a motion, seconded by Council Member Ly, to direct staff to finalize a proposed mobilehome park relocation ordinance. Vote resulted in: Yes: Armenta, Clark, Low, Ly No: None Abstain: Taylor Absent: None Rosemead City Council Meeting Minutes of August 25, 2009 Page 11 of 17 B. Comprehensive Fee Resolution The City provides various individualized services i.e. inspections, permits, variances, etc. that are not of general benefit. Such individualized services are usually funded by fees charged to the individual user rather than by subsidies from the general taxpayers of the City. However, the City does not currently have a single source document or "comprehensive" list of the various fees charged for individual services, which is problematic. Therefore, the City Council is requested to consider the enactment of a comprehensive fee resolution that will: Provide a single source comprehensive fee document listing all fees charged by the City for services; • Establish a regular practice of bringing all fees to the City Council for their review and approval on an annual basis; • Minimize the erosion of the City's General Fund balance, which occurs when services are provided for individualized benefits (i.e. developers, contractors, etc.) at the expense of general taxpayers. Recommendation: That the City Council: Approve Resolution No. 2009-47 which is a comprehensive listing of current fees, plus the imposition of fees of $25 for the first "bad" check and $35 per check thereafter for processing "non sufficient funds" (NSF) checks to cover charges assessed to the City by banks and staff costs; and a 1 % per month late payment charge on unpaid balances. 2. Direct staff to bring back, at a future meeting, recommended fee adjustments that will equitably cover the costs for certain services that directly benefit individual users. City Manager Allred stated that the City did not have a comprehensive fee schedule set. Mayor Clark referred to an article by the San Gabriel Valley Tribune dated July 6, 2009 which talked about solar panels. The article praises the City of Rosemead along with other cities, for being the second to lowest fee of $122 dollars for installing solar panels. Ms. Clark stated that she would like to make sure that when something benefits the public at large that they city can subsidize. City Manager Allred stated that those considerations can be made when there are adjustments to be brought forth to the council. Mayor Pro Tem Taylor asked if at this time, the list was not complete. City Manager Allred stated that the report showed a comprehensive fee resolution showing all fees that are currently in place. Rosemead City Council Meeting Minutes of August 25, 2009 Page 12 of 17 Mayor Pro Tem Taylor asked where the fee for yard sale permits was. Finance Director Brisco explained that staff could not find a fee for yard sale permits. Mayor Pro Tem Taylor stated that it was past staff, who tried to increase the price for the yard sale permits but council would not allow it. Director of Finance Brisco stated, that is the reason why staff put together a comprehensive document, the fees were spread throughout every department, and staff is trying to bring it all together. Mayor Pro Tem Taylor reiterated that past staff tried to increase prices for other permits that were too high. Council Member Low stated that there are still fees that staff may need to add to the list. Ms. Low suggested that council adopt the current fee resolution as a base and update the fees as needed. Mayor Pro Tern Taylor inquired for clarification on a dumpster bin fee. He explained that a resident has to pay the trash company a fee of $600 dollars for a roll off container. Then pay a $250 dollar container refundable deposit to the city, they are not being charged any permit fee from the city. Assistant City Manager Hawkesworth confirmed that the $250 dollars is a refundable deposit. Council Member Ly stated that some fees were the same for residents and non residents. He felt that it is a disservice to our residents and council should adopt a set fee resolution and make the necessary adjustments as needed. Mayor Pro Tern Taylor inquired about a $250 dollar fee for a temporary structure or parking equipment on the street. He stated that when someone is doing demolition they will bring a tractor out there and park it in the front of the house to bring the material and load it in; they will have to pay a $250 dollars fee to bring that equipment in front of the house. Mr. Taylor asked if a $200 dollar cost for equipment parked overnight was a deposit or a fee. Assistant City Manager Hawkesworth stated that under the current code, it is a fee and not a deposit of $200 dollars for parking the equipment overnight. Mayor Pro Tem Taylor also inquired about a key deposit, which he thought staff was not going to issue keys because of a basketball incident. Director of Parks and Recreation Montgomery-Scott clarified that the key deposit was mainly for the use of the snack bars at the parks. Mayor Pro Tem Taylor asked that staff clarify that on the fee resolution. Rosemead City Council Meeting Minutes of August 25, 2009 Page 13 of 17 Council Member Low made a motion, seconded by Council Member Armenta to adopt Resolution 2009.47. Vote resulted in: Yes: Armenta, Clark, low, Ly No: None Abstain: Taylor Absent: None C. Approval of the State Water Resources Control Board Order No. 2006-0003 Sanitary Sewer Management Plan In accordance with State Water Resources Control Board (SWRCB) Order No. 2006-0003, public agencies are required to develop and implement a Sanitary Sewer System Master Plan (SSMP). The mandate includes the requirement to properly manage, operate, and maintain all parts of the City's local sanitary sewer system, including the mitigation of any potential sewer overflows. The mandate also consists of general waste discharge requirements (WDRs), which prohibit the discharge of untreated wastewater that may reach waters of the United States or cause a public nuisance. In addition, the SSMP must be reviewed by the City Council and recertified every 5 years to maintain compliance with state programs. Recommendation: That the City Council adopt Resolution No. 2009-43 approving the City's Supplemental Sanitary Sewer Management Plan as required by the State Water Resources Control Board Order No. 2006-0003-Statewide General Waste Discharge Requirements (WDR) for Sanitary Sewer Systems. Deputy of Public Works Director Marcarello reviewed staff report. Mike Fisher of Kimley Horn and Associates gave a brief overview of the sewer management plan. Spoke about preventable sanitary sewer over flows, proper procedures, audits, treatments in sewer systems and raising awareness. Mayor Pro Tem Taylor asked where all the fee structures going to be established for this plan. Deputy of Public Works Director Marcarello replied that some of the identifications with some of the gaps, and those are some of the issues that are going to come back when the system capacity analysis is completed. Also, as new development comes to the city, staff will be able to pin point what is the fair share in paying for improvements capacity upgrades to the system will be. Mayor Pro Tern Taylor asked what is the cost for a new construction home sewer permit to connect to the street. Mr. Fisher explained that there are three separate costs for R1 residential. First it is a $1,500 dollars from the Sanitation District. Second, is CSMD cost of $3,000 dollars and the City's fee is $300 dollars. The additional fee that is being discussed would be, if there is a capacity deficiency in their area where that individual is Rosemead City Council Meeting Minutes of August 25, 2009 Page 14 of 17 selecting to connect and there is a direct capacity upgrade and specifically required to meet that new development there would be a fee associated with that. Mayor Pro Tem Taylor asked if this was an ongoing program they are going to perform. Deputy of Public Works Director Marcarello replied there are a lot of environmental related issues that are coming, and over the next several years we'll see an increased demand for staff to spend time on maintaining programs such as the sewer system master plan. Council Member Armenta reiterated on an earlier comment made by Mr. Taylor that on the Fee Resolution the cost for a home sewer permit to connect to the street was $250 dollars. Also, there is a $2 dollars charge per square foot main line and a service cut of $17.50 Council Member Ly.made a motion, seconded by Council Member Low to adopt Resolution No. 2009- 43. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None D. Chinese (Lunar) New Year Event Proposal At its regular meeting on May 12, 2009, City Council requested that staff research and propose a Lunar (Chinese) New Year event. Staff has researched several large local events and is proposing four options for City Council consideration. Recommendation: That the City Council provide staff with further direction regarding hosting an event in celebration of the Chinese New Year. Director of Parks and Recreation Montgomery-Scott reviewed staff report. Mayor Pro Tern Taylor asked for clarification on the parade the City of San Gabriel and City of Alhambra operate together. Director of Parks and Recreation Montgomery-Scott stated that the parade started from Garfield Boulevard to Almansor Avenue on Valley Boulevard. Mayor Clark stated that she had participated in San Gabriel and Alhambra celebration and it was fun. Mayor Pro Tern Taylor stated that there are two opportunities to complement the celebrations at San Gabriel and Monterey Park; the city could promote those events. Rosemead City Council Meeting Minutes of August 25, 2009 Page 15 of 17 Council Member Low suggested that a week before the Chinese New Year, the city could host a family event where there are vendors and entertainment. This will get residents to purchase items such as food, clothes, flowers which are used during the Chinese New Year time and at the same time promote businesses. City Manager Jeff reiterated Ms. Low's idea and asked if fireworks would be used because that would be increase cost to the city. Council Member Low replied no fireworks would be used for the event. Director of Parks and Recreation Montgomery-Scott explained that the San Gabriel parade is done a week prior to the Chinese New Year day. Mayor Pro Tern Taylor expressed concern with allowing business establishments in recreation areas. Juan Nunez stated that if the city did an event for one ethnicity then other ethnicities will approach the city to host additional events. Mayor Clark asked if the other two cities that have celebrations also include booths for vendors. Director of Parks and Recreation Montgomery-Scott explained that they do have vendor booths and addressed Mr. Taylor's concerns that is was not dissimilar to the Oktober festival event where there are vendors selling their items. Mayor Clark stated that if the city wanted to start by partnering with another city such as San Gabriel and advertise to our vendors in our city that want to sell their products at the parade and ease into it that way. Council Member Ly asked how much the cost would be for booths and rides. Mr. Ly asked for the item to be delayed till the next meeting. Mayor Pro Tern Taylor asked for staff to bring back data regarding the participation with other cities' functions. Council Member Low asked staff to contact local business to see if they would sponsor some of the events to help with the cost. 5. MATTERS FROM MAYOR & CITY COUNCIL Council Member Ly asked staff what afterschool programs are available for the students whose afterschool programs were cut from the Rosemead School District. Second, he asked that staff look into addressing high unemployment by enterprise zone tax credits for businesses. Asked that staff look into joining El Monte so employers can benefit from these tax credits. Rosemead City Council Meeting Minutes of August 25, 2009 Page 16 of 17 Mayor Clark stated that a resident had phoned her about a new sign at the Cal Poultry facility. Ms. Clark asked if the new sign that stated, "Cal Poultry - Vikon" was a new owner and if so, did they obtain the proper permits and met regulations. Mrs. Clark reference an article that was printed in the paper concerning the pandemic H1 N1 (swine flu). The article stated that for the first time the swine flu had been found in foul (in Chile). Mrs. Clark expressed a lot of concern with having a central location and having Cal Poultry possibly adding to the pandemic. Economic Development Director Saeki replied that the Cal Poultry had not obtained the proper permits for their new sign and that Vikon is considered to be a delicacy food. Cal Poultry has been told to pull the permits and staff will make sure they comply. Mayor Clark stated she was very upset over this and that she was sick of them not understanding they needed to pull permits. 6. CLOSED SESSION The City Council recessed to Closed Session. A. Conference with Labor Negotiators Government Code Section 54957.6 Negotiator for the City: Jeffry Allred and Matthew Hawkesworth Employee Unit: Rosemead Employee Association The City Council reconvened from closed session and stated no reportable action was taken. 7. ADJOURNMENT The meeting adjourned at 9:26 p.m. The next regular City Council meeting is scheduled to take place on September 8, 2009 at 7:00 p.m. Margaret Qffirk Mayor ATTEST: i Gloria Molleda City Clerk Rosemead City Council Meeting Minutes of August 25, 2009 Page 17 of 17 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) I, Gloria Molleda, City Clerk for the City of Rosemead, do hereby certify that the minutes of August 25, 2009 was duly and regularly approved by the Rosemead City Council on the 13th of October, 2009, by the following vote to wit: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None Gloria Molleda City Clerk