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CC - 10-13-09• i Minutes of the JOINT CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING October 13, 2009 The regular meeting of the Rosemead City Council was called to order by Mayor Clark at 6:06 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. FLAG SALUTE: Council Member Ly INVOCATION: Mayor Clark PRESENT: Mayor/Chairwoman Clark, Mayor Pro TemNice-Chairman Taylor, Council Member/Commissioner Armenta, Council Member/Commissioner Low, and Council Member/Commissioner Ly. OFFICIALS PRESENT: City Manager Allred, Assistant City Manager Hawkesworth, Interim City Attorney Montes, Community Development Director Saeki, Director of Finance Brisco, Director of Parks and Recreation Montgomery-Scott, Economic Development Administrator Ramirez, Public Affairs Manager Flores, Deputy Public Works Director Marcarello, and City Clerk Molleda. 1. PUBLIC COMMENTS FROM THE AUDIENCE 2. PUBLIC HEARING A. Public Hearing on the Expenditure of Commission Funds for the FY 2009-10 Capital Improvement Plan Pursuant to Health & Safety Code Sections 33445 and 33679 Redevelopment Law requires that, if redevelopment funds are to be used to pay for improvements which will be publicly owned, both within and outside of the project area, the City Council and the Community Development Commission must make findings and authorize the expenditures. The proposed projects are: Ramona Boulevard Beautification Project - Estimated cost $100,000; and Interstate 10 Freeway Entry Points Improvements Project - Estimated cost $250,000. Recommendation: That the City Council/Community Development Commission take the following actions: 1. That the Community Development Commission adopt Resolution No. 2009.32 making the appropriate findings under Health and Safety Code Section 33445; and 2. That the City Council adopt Resolution No. 2009-55 making the appropriate findings under Health and Safety Code Section 334455; and 3. That the City Council consent to the proposed Commission expenditures. Rosemead City Council Meeting Minutes of October 13, 2009 Page 1 of 19 • 11 Community Development Director Brian Saeki reviewed the staff report City Manager Jeff Allred added that the proposed funds for these projects are available through redevelopment bond proceeds. The Redevelopment Agency has approximately $6 million in bond proceeds. Mayor/Chairwoman Clark opened the Public Hearing at 6:06 p.m.; there being no speakers for this issue the Public Hearing was closed at 6:06 p.m. Mayor Pro TemNice-Chair Gary Taylor asked if anyone had contacted the State regarding receiving funding for the freeway underpasses and bridges. City Manager Allred responded yes and that Chris Marcarello had been working with CalTrans on these projects and there had been discussion about funding. Mr. Allred stated CalTrans would be giving some money for the flatscape but not for the painting of the underpasses. He added that the City will be taking care of the landscaping since CalTrans only does it twice a year; In addition, the City will be installing new irrigation and repairing it. Deputy Director of Public Works Chris Marcarello stated that staff's understanding was that the City of Azusa had recently received some funding to augment the cost for improvements and having them take over similar areas. Prior to bringing anything back to the Commission's consideration, it is staff's intention to try and pursue those funds further and see what is available. Mr. Taylor asked what percentage of money was going to be received by the City. Mr. Marcarello responded he did not have the figure at the time. Mayor/Chairwoman Clark stated she thought this was very important because the average person is not aware of who owns the property; they come to Rosemead through these off-ramps and see the dirt and trash and that is their first impression of Rosemead. Mrs. Clark stated she thought this was a very worthwhile project. Council Member/Commissioner Sandra Armenta stated she had received a lot of phone calls from residents who are very grateful that the City is improving its appearance; especially the underpass of Walnut Grove and also on Ramona Boulevard. Commissioner Steven Ly made a motion, seconded by Commissioner Polly Low to approve Resolution No. 2009-32 and Resolution No. 2009-55. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None Mayor Pro Tern Gary Taylor asked what for an explanation of Senate Bill 18, which was referred to on Consent Calendar B. Rosemead City Council Meeting Minutes of October 13, 2009 Page 2 of 19 0 0 Interim City Attorney Joseph Montes replied he was not aware of what they were referring to as SB18; however, he was sure it was a government code reference in terms of the 65000 or 66000 series of the government code. He stated he could get the information now or wait until the break to get the information and bring it back for Mr. Taylor. He added he believed it had to do with the Planning Commission and City Council Public Hearing Notice requirements for a general plan amendment but he could verify further if needed. Mr. Taylorasked that the information be printed out and given to him to read at a later time. 3. COMMISSION CONSENT CALENDAR A. Claims and Demands Resolution No.2009-31 Recommendation: Adopt Resolution No. 2009-31 for payment of Commission expenditures in the amount of $16,694.15 demand nos. 10058 and demand nos. 11155 through 11160. Resolution No.2009-33 Recommendation: Adopt Resolution No. 2009-33 for payment of Commission expenditures in the amount of $2,305,117.96 demand nos. 10059 through 10060 and demand nos. 11161 through 11177. C. Ramona Boulevard Beautification Project- Hart Avenue to Rio Hondo Avenue As part of the City's Fiscal Year 2009-10 Capital Improvement Program, the City Council approved a project to improve the Ramona Boulevard sound wall area from Rio Hondo Avenue to Hart Avenue, north side of Freeway 10. The project includes a complete landscape makeover, which includes a new irrigation system, ground cover, trees, shrubs, vines and minor concrete work. Recommendation: That the City Council: 1. Approve the plans and specifications for the above listed project; and 2. Authorize staff to advertise this project and solicit bids to complete the improvements project. Commissioner Polly Low made a motion, seconded by Commissioner Sandra Armenta to approve the Consent Calendar. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None Rosemead City Council Meeting Minutes of October 13, 2009 Page 3 of 19 0 • B. Assignment of Rosemead General Plan Amendment and Zoning Update Contract to Hogle-Ireland, Inc. Proposed changes to the Land Use Element of the General Plan that would limit "mixed-use" developments to designated commercial areas (nodes) of the city were reviewed by the Planning Commission and the City Council on September 22, 2009. After some discussion, the Planning Commission and the City Council directed staff to continue processing the General Plan amendment. At this point, the technical expertise of an outside consultant is required to prepare the appropriate environmental documents and to provide assistance with the preparation of mixed-use development standards and a comprehensive zoning map update. Recommendation: That the City Council authorize the City Manager to execute a contract with Hogle-Ireland in the amount of $78,500.00 to provide technical assistance for the General Plan amendment project. Juan Nunez - stated that on something like this with mix-use how is the noise ordinance going to be processed; he also spoke on the recent shooting in "Casa Latina". Interim City Attorney Joe Montes stated that with regards to SB18; he had been able to look it up and informed Council that it had to do with the recent legislation that requires cities in California when updating the land use element of their general plan to consult with certain Native American entities to ascertain whether or not they may be sites of culture significant or historical significant to Native American tribes during the process. While that is not anticipated it during our process there are certain notices and time periods that have to lapse before completing the process. Commissioner Steven Ly made a motion, seconded by Commissioner Sandra Armenta to authorize the City Manager to execute a contract with Hogle-Ireland in the amount of $78,500 to provide technical assistance for the General Plan amendment project. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None 4. MATTERS FROM MAYOR & CITY COUNCIL A. City Attorney Services Agreement The City Council will consider approval of an agreement to retain the law firm of Burke, Williams & Sorenson as its City Attorney. Joseph Montes, with the firm of Burke, Williams & Sorenson, currently serve as the City Attorney on an "Interim" basis. The agreement essentially will remove the "Interim" designation and continue existing service levels and rates. So that all agreements with the firm of Burke, Williams & Sorenson are set forth in one place, the agreement also reiterates provisions of the existing agreement with the firm, under Rosemead City Council Meeting Minutes of October 13, 2009 Page 4 of 19 E r~ fL which Mr. Montes serves as General Counsel to the Rosemead Community Development Commission (CDC) and the Rosemead Housing Development Commission (HDC). The agreement provides the City with the right to terminate the services of the firm at any time upon written notice. Recommendation: That the City Council authorize the agreement to be executed by the Mayor, who also serves as the Chair of the CDC and HDC. City Manager Jeff Allred reviewed the staff report. Mayor Pro Tem Gary Taylorstated he only had one concern with paragraph 10 on page 3, "conflicts". 'The California Rules of Professional Conduct as promulgated by the California State Bar require that an attorney receive informed written consent from a client prior to undertaking work where there is a potential for conflicts between existing or future clients Rule3310. Should a potential conflict of interest requiring a written waiver from the City or CDC arise the City Manager is authorized to execute such waiver on behalf of the City or CDC". Mr. Taylor stated he did not have a problem with the City Manager signing but he would like to get a list of those projects so that Council is aware of them. City Manager Jeff Allred stated it was duly noted and that he would make sure Council was aware of any project before he authorized any type of waiver. Commissioner Polly Low made a motion, seconded by Commissioner Steven Ly to authorize the City Attorney agreement to be executed by the Mayor, who also serves as the Chair of the CDC and HDC. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None City Attorney Joseph Montes thanked Council and stated he truly appreciated the confidence that has been placed in him and his firm since March. He stated he looked forward in assisting Council to achieve all the goals that have been set for the City. Council Member/ Commissioner Polly Low stated she was very pleased with the work Mr. Montes had done for the City and hoped that it continued. Mayor Margaret Clark stated she felt the same way. City CounciVCommission recessed at 6:24 p.m. and reconvened at 7:01 p.m. Rosemead City Council Meeting Minutes of October 13, 2009 Page 5 of 19 • The regular meeting of the Rosemead City Council was called to order by Mayor Clark at 7:01 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. FLAG SALUTE: Council Member Ly INVOCATION: Mayor Clark PRESENT: Mayor Clark, Mayor Pro Tem Taylor, Council Member Armenta, Council Member Low, and Council Member Ly. OFFICIALS PRESENT: City Manager Allred, Assistant City Manager Hawkesworth, City Attorney Montes, Community 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. 5. PRESENTATIONS Lupus Awareness Month - Proclamation The proclamation was mailed to the organization. Fire Prevention Week - Proclamation Mayor Clark commended all the firefighters and stated that Council had attended the memorial that was given in honor of firefighters that had been recently lost during the fires. A picture was taken with the firefighters present and they were given the proclamation. Red Ribbon Week - Proclamation The proclamation was given to the superintendent of the Garvey School District. Rosemead High School Expansion Update No one was in attendance to present the Rosemead High School expansion update. 6. PUBLIC COMMENT FROM THE AUDIENCE Brian Lewin - thanked Council for the recent workshop and resident impression survey that was presented. Mr. Lewin stated that some of what was discovered was a little harsh but was glad to see that Council had taken this matter seriously and added that he was looking forward to the next workshop that was scheduled on Tuesday. He stated that this meeting and a recent Planning Commission meeting had made him think about the cell phone towers located in the city; they are all located on commercial land but they are not terribly aesthetic and they do not generate any revenue for the City. Mr. Lewin stated these regularly have a negative visual impact on the City and that one thing that might be worth considering is charge the operators a reasonable fee to offset that negative impact. Rosemead City Council Meeting Minutes of October 13, 2009 Page 6 of 19 0 City Attorney Joseph Montes noted that for Consent Calendar Item 71, the proposed contract (attached) was unfortunately written with the old City's format style sentrast; the new contract format has specific language related to prevailing wages; if approved this evening that language will be added to the contract. 7. CITY COUNCIL CONSENT CALENDAR A. B. C. D. Minutes June 9, 2009 - Special Meeting June 23, 2009 - Regular Meeting July 28, 2009 - Regular Meeting August 11, 2009 - Regular Meeting August 25, 2009 - Regular Meeting September 22, 2009 - Special Meeting September 22, 2009 - Regular Meeting Claims and Demands Resolution No. 2009 - 51 Recommendation: Adopt Resolution No. 2009-51, for payment of City expenditures in the amount of $553,202.39 numbered 100517 through 100537 and 67392 through 67518. Resolution No. 2009 - 56 Recommendation: Adopt Resolution No. 2009-56, for payment of City expenditures in the amount of $598,939.37 numbered 100538 through 100551 and 67519 through 67640. League of California Cities - City Clerks New Law and Leadership Conference The League of California Cities - City Clerks New Law and Leadership conference will be held December 2 - 4, 2009, in Monterey, California. Recommendation: That the City Council authorize the attendance, at City expense, of the City Clerk and the Assistant City Clerk. Approval of Undertaking Agreement for Tract Map No. 62930 3832.3840 Charlotte Avenue The Undertaking Agreement for Tract Map No. 62930 is being submitted for consideration and approval to guarantee construction of public improvements subsequent to the recordation of the parcel map. Recommendation: That the City Council approve the Undertake Agreement for Tract Map 62930 and the recordation of the map. Rosemead City Council Meeting Minutes of October 13, 2009 Page 7 of 19 • i E. Approval of Undertaking Agreement for Tract Map No. 69266 4118 Arica Avenue The Undertaking Agreement for Tract Map No. 69266 is being submitted for consideration and approval to guarantee construction of public improvements subsequent to the recordation of the parcel map. Recommendation: That the City Council approve the Undertaking Agreement for Tract Map 69266 and the recordation of the map. F. Approval of Undertaking Agreement for Tract Map No. 70141 2436 Delta Avenue The Undertaking Agreement for Tract Map No. 70141 is being submitted for consideration and approval to guarantee construction of public improvements subsequent to the recordation of the parcel map. Recommendation: That the City Council approve the Undertaking Agreement for Tract Map 70141 and the recordation of the map. G. Request Use of Garvey Center until 1:00 a.m. The Los Angeles Chinese Lions Club (Temple City) has requested use of Garvey Center for their annual White Cane Day Fundraising Party until 1:00 a.m. on October 31, 2009. Recommendation: That the City Council approve the extended use until 1:00 a.m. with all music ceasing by 11:00 p.m. H. Renewal of Municipal Law Enforcement Agreement The City Council will consider renewal of the Municipal Law Enforcement Agreement with the County of Los Angeles Sheriff's Department for another five year period. The agreement provides for subsequent extensions for successive periods of up to five years each upon mutual consent of the parties. Recommendation: That the City Council authorize the Mayor to execute the Agreement to continue the City's relationship with the Los Angeles County Sheriff's Department for a period of five years. Janitorial Services for City-Owned Buildings, Facilities and Parks - Award Contract At its July 28, 2009 meeting, the City Council approved specifications to solicit regular janitorial maintenance services for the City facilities, buildings and parks. These services include carpet cleaning, glass/mirror cleaning, dust removal, restroom cleaning and solid waste collection within City facilities. The City Council further authorized staff to seek proposals from a list of nine (9) qualified janitorial service providers. Rosemead City Council Meeting Minutes of October 13, 2009 Page 8 of 19 Recommendation: That the City Council authorize the City Manager to enter into a contract with Great Cleaning Services, Inc. for a fixed annual cost of $114,780 for the first three (3) years, with an annual option to renew for the following two (2) years. Council Member Steven Ly made a motion, seconded by Council Member Polly Low, to approve the Consent Calendar, with the exception of the June 9, 2009 special meeting minutes and Consent Calendar Item J. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None A. Minutes June 9, 2009 - Special Meeting Mayor Pro Tern Gary Taylorasked that the minutes be deferred to the next'meeting to include the $3 million for the 5 year program for medical insurance at retirement; $600,000 a year that needs to be taken out of the budget. J. CalPERS Waiver of 960-Hour Rule for Stephen Majors Public Employee Retirement Law prohibits a retired annuitant from working more than 960 hours in a fiscal year unless a resolution is adopted in accordance with Government Code section 21221(h). Steve Majors, a retired CalPERS annuitant works for the City as a part- time Code Enforcement Officer and is serving as the lead person for the improvements to the City's Animal Control program as approved in the 2009-10 Budget. Due to a temporary increase in duties to get the animal control program improvement up and running, he has worked additional hours this fiscal year and is close to his hour limit. Mr. Major's additional duties will conclude at the end of the current fiscal year. Beginning on January 1, 2010, the city's existing Code Enforcement officers will assume additional animal control responsibilities as part of their routines in order to improve service levels and reduce costs to the city. Recommendation: That the City Council adopt Resolution No. 2009-57 requesting an employment extension per Government Code Section 21221(h). Mayor Pro Tem Gary Tayforstated his concern was regarding the animal control portion; he had not seen a complete summary of what the cost was for the City to have its own animal control; there was some information put out in the past but it was never consolidated. City Manager Jeff Allred replied that this was discussed during the budget approval when Council agreed to modify the County's contract in regards to animal control. He added that there will be minimal additional cost because current code enforcement staff will be assuming animal control duties. Rosemead City Council Meeting Minutes of October 13, 2009 Page 9 of 19 • • Assistant City Manager Matt Hawkesworth added that some information was sent to Council in one of their Thursday's Weekly Updates. Mr. Taylor stated he needed to know what it was because the staff report stated the City was still going to use the County's facilities for taking and impounding the animals; he stated he still didn't know what the City is going to pay for that; then the City has to pay for an animal control truck. Mr. Taylor reiterated that he needed to know what the total cost was going to be. Mr. Hawkesworth responded that staff would get a fee schedule to Council. Mr. Taylor stated he wanted a total breakdown of the County's fees to include license fees, animal storage and then compare it to what the City is adding to it. Mr. Taylor asked that this item be deferred. City Manager Jeff Allred stated for clarification that Mr. Major's was helping the City to make the transition that is what the hours are for not for the actual animal control work. Public Safety Service Supervisor Ray Rodriguez stated staff had started on the transition of taking over some of the animal control services. Some of the things done was to have staff take training, obtain some equipment for under $500, staff is also in the process of getting a local Vet to treat the injured animals immediately, and setting up proper disposal for animals that need to be taken off the street. Mr. Rodriguez added that he thought there was a projection of cost; however, Matt Hawkesworth was putting those together. Mayor Pro Tem Gary Taylor stated there was a lot that was "piece meal" because a lot of it was split in different sections and he had not seen a consolidated statement of what it is actually going to cost the City. Mr. Allred stated he would get that for Mr. Taylor and added that one of the objectives for the transition was to save cost. Currently the County is charging some fees and with this transition the City's current staff will be providing those services; therefore, avoiding the County's fees. Mr. Allred added that Mr. Major was helping with the transition by providing technical expertise. Mr. Rodriguez added that Mr. Major has over 26 years of animal control experience and he is a crucial element of the transition. He stated that the target date to have the program up and running is January 1, 2010. Mayor Pro Tem Gary Taylor stated that if the City was using existing staff that was a key difference. Assistant City Manager Hawkesworth stated that staff was currently working with the City Attorney to draft a new animal control ordinance and that would be brought to Council at the next meeting; he added that the staff report will also include a complete synopsis of the animal control issue. Mayor.Margaret Clark asked if there was anything in the City's municipal code that addresses dogs relieving themselves on private property. Mr. Rodriguez responded that there is an ordinance that address that issue. Council Member Sandra Armenta asked if there was something about excessive dog barking. Rosemead City Council Meeting Minutes of October 13, 2009 Page 10 of 19 • 0 Mr. Rodriguez stated that those type of complains should be going to the Sheriff's Department when they are occurring because at 1, 2 or 3 in the morning when the dogs are keeping you awake, the Sheriff's can knock at your neighbor's door to address that issue. He added there was something in the municipal code that addressed that problem. Juan Nunez - asked if staff had a place to house those animals. Mr. Allred responded they would be temporarily housed in the City yard facility until they are taken to the County. Council Member Sandra Armenta asked if an animal died in front of someone's yard but that dog did not belong to them did they still get charged to have the animal picked up. Mr. Rodriguez responded no. Council Member Steven Ly stated that after reading the resolution, the 960 hour issue didn't come into effect until January 2010 and asked that this item be deferred to the next City Council meeting. Council Member Polly Low asked if there was a time constraint on this matter. Mr. Allred responded it was not a pressing issue and it could wait for two weeks. Consent Calendar Item 7J was deferred to the next City Council Meeting. 8. MATTERS FROM CITY MANAGER & STAFF A. Update Fee Resolution for FY 2009-10 As reported to the City Council at the August 25, 2009 Council meeting, the City provides various individualized services i.e. inspections, permits, variances, etc. that are not of general benefit. Historically, many of these services have been provided at a cost greater than the price being charged for them, thus resulting in subsidies of the remaining costs of service from the general taxpayers. Staff is recommending that certain under-priced fees be increased and services previously provided at no charge have a fee attached (in some cases fees have not been adjusted in many years). In so doing, general taxpayer subsidies will be reduced and those individuals receiving benefits will pay for them. Recommendation: That the City Council approve Resolution No. 2009-50, which is an updated comprehensive listing of fees. Mayor Margaret Clark stated that she would like to discuss the animal control fees. Mrs. Clark stated she personally had a problem with the $60 fee. She read page 14 and 15 of the resolution and asked for the definition of a "large animal". Rosemead City Council Meeting Minutes of October 13, 2009 Page 11 of 19 • CI Public Safety Supervisor Ray Rodriguez responded he was not sure what the County meant by "large animal". MayorClarkstated she had a problem with charging to pickup dead animals because the average person will not call in if they know they are being charged $60 for the service. Mrs. Clark added that residents would be doing a public service by calling in and having a $60 fee would be counterproductive and reiterated that she did not agree with adopting this County fee. Council Member Steven Ly stated that he thought the City absorbed the cost if dead animals are picked up on public right away or on private streets. City Manager Jeff Allred stated that was correct. Mayor Clark responded that she still had a problem with charging residents $60 because rather than call for the service they will throw the animal away or bury it in their backyard. Mrs. Clark added that also for the solar panels she wanted to keep the fees very low; the City was commended in the San Gabriel Valley Tribune for having solar panel fees at a low cost because that benefits all of society. She stated this was an example where the City wants people to do the right thing and if they are charged they won't. Council Member Steven Ly stated that he understood the concern; however, the City was providing a personal service and using City staff and time; the City should be able to recuperate some of the cost. Council Member Sandra Armenta stated she agreed with Mayor Clark because if someone lost their personal pet they are not going to want to pay $60 to have the animal removed from their home. Also, if they can't afford the $60 they can throw it out on the street and say they found a dead dog out on the street. Mayor Pro Tem Gary Taylor stated he wanted staff to also look into what the County's fees were to have a dog dropped off at their facilities instead of having it picked up. Mr. Rodriguez responded that it was included in the resolution and the fee was $10. He clarified that the schedule that was before Council was the L.A. County's fee schedule that the City was looking to adopt. Assistant City Manager Matt Hawkesworth clarified that if L.A. County came out to the City to provide animal control services these would be the fees they would be charging. Council Member Polly Low stated it was reasonable to charge $10 to have an animal dropped off at a shelter and it was fair to charge $60 to pick up a dead animal because it was more of a personal service. The residents have a choice to take the animal to the shelter or have it be picked up. Mayor Pro Tern Gary Taylor stated that there were a lot of fees in the resolution that actually doubled. Mr. Taylor referred to page 4 of 9 "modification of conditional use permit" and stated that the fees were going from $300 to $750; that is 150% increase. City Manager Jeff Allred responded that it was because that was the cost for the City to actually provide the service and the reason why they are so high is because it has been seventeen years since the City has adjusted these fees. Rosemead City Council Meeting Minutes of October 13, 2009 Page 12 of 19 • 0 Mayor Pro Tem Gary Taylor asked what was involved with the modification of somebody coming in with a conditional use permit. Mr. Allred responded it was for staff time; for staff to take that modification to the Planning Commission. Mayor Pro Tem Gary Taylor asked for an example of the process for a modification of a conditional use permit. Community Development Director Brian Saeki stated that an example would be if there was a gym in town and one of the conditions stated that they had to have certain kind of security plan in place and once that condition has been approved by the Planning Commission and they want to modify that then it would be taken back to the Planning Commission as a modification to their CUP. What that includes is potentially any additional CEQA work, noticing the public hearing and it is not only the planner that is touching that project, it is the administrative staff and their supervisors. The fee is low and still the new fee is conservative because the actual cost is significantly more. Mr. Saeki added that this would be more applicable to a business and the conditions for a residence will defer; for instance if a home was approved with a conditional use permit over 2500 sq. ft. and they wanted to make a modification to their bathroom that would not trigger this that would be a basic building permit tenant approved over the counter. Council Member Polly Low asked if the reason why the cost was so high was because they had to go through the whole process as if getting a conditional use permit. Mr. Saeki responded that was correct. Mr. Allred added that it also goes through the Planning Commission process again. Council Member Polly Low referred to page 4 of 19 regarding the conditional use permit; staff is proposing to increase it from $875 to $1,000 but on the bottom of the page where it says Public Hearing it states $875. Mr. Saeki responded it should be $1,000. Mr. Allred responded that the bottom portion was referring to the current cost. Council Member Polly Low asked for the difference between the top portion of the document and the bottom where it states Public Hearing. Mr. Saeki stated there was no difference and that it was a redundancy. Council Member Polly Lowclarified that this didn't mean they were paying double. Mr. Saeki replied that it did not mean that they were paying double Mayor Pro Tern Gary Taylorstated they had this proposal brought to Council 3 years ago; he asked that staff look at page 1 where the fees are compared to other local cities and called it a fair comparison, not a complete but fair comparison; then go to page 2 you still have some comparison but then it starts to drop off through the other pages. Mr. Taylor stated this was supposed to be a comparison and on page 3. there was Rosemead City Council Meeting Minutes of October 13, 2009 Page 13 of 19 P, Mayor Pro Tem Gary Taylor asked what was involved with the modification of somebody coming in with a conditional use permit. Mr. Allred responded it was for staff time; for staff to take that modification to the Planning Commission. Mayor Pro Tern Gary Taylor asked for an example of the process for a modification of a conditional use permit. Community Development Director Brian Saeki stated that an example would be if there was a gym in town and one of the conditions stated that they had to have certain kind of security plan in place and once that condition has been approved by the Planning Commission and they want to modify that then it would be taken back to the Planning Commission as a modification to their CUP. What that includes is potentially any additional CEQA work, noticing the public hearing and it is not only the planner that is touching that project, it is the administrative staff and their supervisors. The fee is low and still the new fee is conservative because the actual cost is significantly more. Mr. Saeki added that this would be more applicable to a business and the conditions for a residence will defer; for instance if a home was approved with a conditional use permit over 2500 sq. ft. and they wanted to make a modification to their bathroom that would not trigger this that would be a basic building permit tenant approved over the counter. Council Member Polly Low asked if the reason why the cost was so high was because they had to go through the whole process as if getting a conditional use permit. Mr. Saeki responded that was correct. Mr. Allred added that it also goes through the Planning Commission process again. Council Member Polly Low referred to page 4 of 19 regarding the conditional use permit; staff is proposing to increase it from $875 to $1,000 but on the bottom of the page where it says Public Hearing it states $875. Mr. Saeki responded it should be $1,000. Mr. Allred responded that the bottom portion was referring to the current cost. Council Member Polly Low asked for the difference between the top portion of the document and the bottom where it states Public Hearing. Mr. Saeki stated there was no difference and that it was a redundancy. Council Member Polly Low clarified that this didn't mean they were paying double. Mr. Saeki replied that it did not mean that they were paying double. Mayor Pro Tern Gary Taylor stated they had this proposal brought to Council 3 years ago; he asked that staff look at page 1 where the fees are compared to other local cities and called it a fair comparison, not a complete but fair comparison; then go to page 2 you still have some comparison but then it starts to drop off through the other pages. Mr. Taylor stated this was supposed to be a comparison and on page 3 there was Rosemead City Council Meeting Minutes of October 13, 2009 Page 13 of 19 0 no comparison of any City. He added this was not a fair comparison and he couldn't believe this had happened 3 years ago and here it was again. City Manager Allred reviewed the staff report that referred to why some columns were blank. Council Member Polly Low stated it was informational to know what other cities are charging but it was more important to know what the real cost for our City is and that is what needs to be determined. She stated she understood Mr. Allred's point that every city has an entirely different structure and it is not a one on one comparison and staff did the best they could with what they had. Mrs. Low added that the important thing was to determine if the fees staff was proposing were reasonable. Mr. Allred responded that was correct and that each fee that was being proposed was evaluated on its own merit and the fees that are being proposed are for the express purpose to recouping cost for providing services to individual users. Council Member Polly Low stated that it was important that the City recoup the cost of services provided. She added that maybe there were certain fees for some items that were important to lower for the residents but they should really be looking at what is the cost for the city. Mrs. Low added that most of the Planning fees proposed were for the developers. Mayor Margaret Clark asked if the City was raising fees on homeowners that wanted to add rooms in their houses. Mr. Saeki responded no. Mayor Clark stated she still had a problem with the animal control portion of the resolution because she did not think residents should be charged for that service. She added that the City was not here to recoup all their cost but rather to serve the public. Council Member Steven Ly made a motion, seconded by Council Member Polly Low, to approve Resolution No. 2009-50 updating the comprehensive listing of fees and have staff update the duplicates on the resolution. The resolution was approved with the exception of the Animal Control and Care portion of the Resolution (the Animal Control issue will be brought back to the next City Council meeting). Vote resulted in: Yes: Armenta, Clark, Low, Ly No: Taylor Abstain: None Absent: None Rosemead City Council Meeting Minutes of October 13, 2009 Page 14 of 19 • 0 9. MATTERS FROM MAYOR & CITY COUNCIL A. Parks and Recreation and Rosemead School District After-School and Extended CARE Program Coordination As indicated during the regular City Council meeting on September 8, the Rosemead School District was notified in August of a loss of latchkey funding used to operate its Safe Care program. As a result, the district and the City of Rosemead have been exploring coordinated efforts to continue provision of after-school and all-day care for local students. Recommendation: In response to the request of the Rosemead School District, the Parks and Recreation Department is willing and able to enhance child care programming by: a) Provide a fee-based "day camp" service for students during school vacation periods (i.e., summer, thanksgivings, winter, and spring breaks), and b) Coordinating existing school-based drop-in recreation programs with school district-sponsored after school programs. Staff is therefore seeking City Council direction regarding these proposed programs to be offered in coordination with the Rosemead School District. Parks and Recreation Director David Montgomery-Scott reviewed the staff report and presented a PowerPoint presentation (PowerPoint is available in the City Clerk's office). Tracy Loa - stated that the organization Options was contacting the parents regarding the new program and they were not told that they could continue utilizing Safe Care and most parents were not interested in the new program. Mr. Montgomery-Scott clarified that the representative he spoke to said that as they discussed the matter with each individual family there were no limitations set for the funding; therefore the parents could have used the funds for Safe Care or any other program. Council Member Sandra Armenta asked Mr. Montgomery-Scott if when speaking with the representative of Options they did clarify that they gave the parents the option to use the funds for ACES or Safe Care. Mr. Montgomery- Scott stated that was correct and that the representative indicated there were no restrictions on the use of the funds. Ms. Loa stated that she would love to hear those comments because it seems that it was basically miscommunication; the parents that she had spoken to did not know those funds could be use for Safe Care. Council Member Steven Ly stated that as a point of information actually 55 participants had already registered to ASART and in some locations kids were already on waiting list; to say that there is no desire for ASART is a bit misleading. Council Member Sandra Armenta asked Ms. Loa if she was contacted by Options. Rosemead City Council Meeting Minutes of October 13, 2009 Page 15 of 19 Ms. Loa responded that she was not eligible for Options so she was not contacted but she had been in contact with her committee and parents who were contacted by Options. Mayor Pro Tem Gary Taylor asked if Options would fund Safe Care. Mr. Montgomery-Scott responded that according to the representative there was no programming options that were not on the table; therefore, that would have included Safe Care. Dr. Amy Enomoto-Perez - Superintendent of Rosemead School District stated that the representative of Options contacted each parent on the list and parents were given various options. Options indicated that if a parent qualified for funds those funds could be used for any child care program; however, most of the population declined. Mrs. Enomoto-Perez commended Options for coming out to each of their sites for three nights and providing information to parents. Ms. Loa stated that one of the parents that she had spoken to told her that she attended one of the Option meetings and was told that they were not there to discuss the Safe Care program. Mayor Pro Tem Gary Taylor stated he was still unclear about the situation because he was hearing that the Rosemead School District was saying that the Safe Care program is gone and how can we hear from our staff that Safe Care is viable if they meet the requirements of the parents and how do we know what the facts really are. Mr. Montgomery-Scott responded that if enough people would have taken the funds from Options and utilized them for the Safe Care program then there was a possibility that the district could have continued that program beyond the month of October. Mayor Pro Tem Gary Taylor asked why the City was getting involved if it seems that there was already a feasible solution because Options was willing to fund other childcare programs that parents could qualify for. Mr. Taylor read a portion of the staff report that stated there would be no additional cost for afterschool recreational programs; however, no funds had been budgeted for an extended "day camp" program. He stated it seemed that there would be more funds needed. Dr. Enomoto-Perez replied she didn't think so because all the district was asking for was that the City help the parents during winter break, spring break, summer vacation, and holidays because ASART was only available during regular school days, which is only 180 days during the regular school year. Mr. Allred stated that there would be a budget amendment for some expenditure but also there would be some revenues that would fully offset those expenditures. Dr. Enomoto-Perez thanked and commended the City Council, City Manager Allred, and Mr. Montgomery- Scott for working so hard to help the district and find a solution to this issue. She added that. Mrs. Ramirez had also made herself available to assist the parents with writing and possibly receiving a Wells Fargo grant. Ms. Loa added that as a committee they were working really hard to save the Safe Care program by applying for grants and asked the City for a one time donation while they applied and received other grants. Rosemead City Council Meeting Minutes of October 13, 2009 Page 16 of 19 • Mayor Pro Tern Gary Tayforstated that it seemed that help would be available November 2nd. Ms. Loa stated that would be the ASART program and not Safe Care. Council Member Sandra Armenta stated that given the financial state this year and assuming it will be the same next year; what would the parents do for the Safe Care program next year. Ms. Loa replied that there are a lot of grants that they are looking for and are going to apply for; however, they did not have time to do so this year. Sharon Espuivel - stated she was before Council to speak about the children not being supervised at Janson School site by the Parks and Recreation staff. She stated that she had observed some kids swinging bats and there were no balls; she feared for the safety of other children. She also added that there was trash left behind by the Parks and Recreation staff. Mr. Montgomery-Scott stated he would address the issue immediately. Council Member Steven Ly made a motion, seconded by Council Member Polly Low, to approve staff's recommendations to provide a fee-based "day camp" service for students during school vacation periods and coordinate existing school-based drop-in recreation programs with school district-sponsored after school programs at no additional cost for after school programs. In addition, the City of Rosemead will not be involved in any morning childcare program. Vote resulted in: Yes: Armenia, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None B. Monterey Park Angels Request for Fee Waiver Representatives from the Monterey Park Angels Baseball Association, a travel baseball organization, are requesting use of the Garvey Park to conduct league activities. Additionally, they are requesting City Council authorization for a waiver of fees for that use. Recommendation: That the City Council direct staff in regards to the request of the Monterey Park Angels Baseball Association for a waiver of fees for the use of Garvey Park. Parks and Recreation Director David Montgomery-Scott reviewed the staff report. Council Member Steven Ly asked if they were planning on changing their name if they were going to use the City's facilities. Mr. Montgomery-Scott replied there had been no discussion on that. Council Member Polly Low asked if the team met all the City's requirements. Rosemead City Council Meeting Minutes of October 13, 2009 Page 17 of 19 0 C Mr. Montgomery-Scott replied that they meet the residential requirement and the non-profit requirement. Council Member Polly Lowasked if there was any requirement they did not meet. Mr. Montgomery-Scott replied that the only issue was that they are essentially a duplicate service; one of the reasons why that was built into the policy was because Rosemead has the lowest fees around and there was a concern that there would be other organizations coming in garnering just enough Rosemead residents to call themselves a Rosemead league and use the City's facilities. Council Member Sandra Armenta stated she actually attended one of their practice games and they played against RYA; it was great to see two different leagues coming together and practicing. She added that what she observed from the Monterey Park Angels was that their caliber was a little bit higher as well as their skills. Mayor Margaret Clark stated she thought this was a good idea to waive the fees because they are here to help kids get involved. Council Member Sandra Armenta added that she had spoken to Mr. Urbina and he had a vision of holding a tournament in Rosemead where they actually bring in people and have sponsors and invite the community and businesses to get involved; therefore, generating funds. Mayor Margaret Clark made a motion, seconded by Council Member Steven Ly, to approve the fee waiver of fees for the Monterey Park Angels Baseball Association for the use of Garvey Park. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None C. Chinese (Lunar) New Year Event Proposal At its regular meeting on August 25, City Council requested that staff research and propose a Lunar (Chinese) New Year vendor fair. Staff has contacted potential vendors and sponsors, met with a regional promoter of similar events and representatives from two local Chambers of Commerce, and reviewed potential costs. Due to a lack of funds and the limited timeframe to prepare an event, staff is proposing that any event related to Chinese New Year be delayed until fiscal year 2010-2011. Recommendation: This item is only for discussion. No City Council action is requested at this time. Parks and Recreation Director Montgomery-Scott reviewed the staff report and added that the proposal before them will essentially change due to most recent discussions with a promoter of cultural events. Mr. Montgomery-Scott stated this item would be coming back to Council in two weeks with additional information. Rosemead City Council Meeting Minutes of October 13, 2009 Page 18 of 19 0 • Council Member Polly Low stated many Rosemead residents will be really excited to have an event like this. She added that this would give the City a great opportunity to work with the Chamber of Commerce and also a way to show that the City embraces diversity. Item 9C was deferred to the next City Council meeting. Council Member Steven Ly stated he had asked the City Manager to provide an update on the recent shootings and how the City is addressing bars and other type of social gathering businesses, specifically regarding alcoholic drinks. Mayor Pro Tem Gary Taylorasked if staff had gotten a report from the Sheriff's Department on the people who were involved; asked if they were Rosemead residents. City Manager Allred replied that they were not residents of Rosemead and neither were the victims. He added that the City had already started a program that would involved a team of inspectors, the Sheriffs, Code Enforcement, ABC State Alcohol Control, as well as staff and go through all those facilities and identify code violations. This is being taken very seriously and the City has already scheduled those inspections. Chief of Police Murakami added that in fact none of the people involved in the shooting were Rosemead residents; however, the Sheriff's Department did not like the fact that it happened in the City. As the City we are going to put our weight on them to prevent this from occurring again. Mayor Margaret Clark stated she wanted an update on the tree planting project and added that she was approached by a resident and told that she was not asked what kind of tree she wanted planted. Deputy Director of Public Works Chris Marcarello stated he could provide to Council a list of trees that have been planted and they can see the progress of the project. Council Member Sandra Armenta added that she had received a call from a resident asking why they were digging in front of their home. The meeting adjourned at 9:30 p.m. The next regular City Council meeting is scheduled to take place on October 20, 2009 at 5:00 p.m. Margaret ark Mayor ATTEST: U Gloria Molleda, City Clerk Rosemead City Council Meeting Minutes of October 13, 2009 Page 19 of 19 • 9 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 October 13, 2009 was duly and regularly approved by the Rosemead City Council on the 8tht of December 2009, by the following vote to wit: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None Gloria Molleda City Clerk