Loading...
CC - Minutes - 01-08-08• MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL January 8, 2008 The regular meeting of the Rosemead City Council was called to order by Mayor Tran at 7:00 p.m. in the Council Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead, California. The pledge to the flag was led Mayor Tran. The invocation was delivered by Councilmember Clark. ROLL CALL OF OFFICERS: Present: Councilmember's Clark, Low, Taylor, Mayor Pro Tem Nunez, Mayor Tran Absent: None 1. CITY CLERK CONTRACT APPROVAL At the December 18, 2007 City Council meeting, Gloria Molleda was appointed as the new Rosemead City Clerk. After the selection was made, staff was directed to negotiate a contract with Ms. Molleda within terms specified by the City Council. A contract has been prepared in consultation with Ms. Molleda within those specified terms (Attachment A) and is being presented tonight for City Council approval. Recommendation: That the City Council approve the City Clerk Employment Agreement. Councilmember Taylor made a motion, second by Mayor Pro Tern Nunez to approve the City Clerk Employment Agreement. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None Mayor Tran administered the Oath of Office to Gloria Molleda, City Clerk. 2. PUBLIC HEARING A. City of Rosemead Ordinance No. 863-Adoption of the California Building Standards Fire Code (Title 32 Los Angeles County Fire Code) The new 2007 California Fire Code became effective statewide on January 1, 2008. The City of Rosemead has traditionally adopted the Los Angeles County amendments to the State Fire Code as its own amendments to the State Law. The Los Angeles County Board of Supervisors adopted the new California Fire Code as amended by the Los Angeles County Fire Department at its November 27, 2007 meeting. Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page l o/'22 The Stfire Code is based on the 2006 Internation>•ire Code. The Buildino Standards Commission has amended the model code to apply to specific California needs. The Los Angeles County Fire Department further amends the code to account for the unique requirements of the County of Los Angeles. The County amendments would also apply to similar conditions in the City of Rosemead. Recommendation: That the City Council INTRODUCE and ADOPT Ordinance No. 863 on the first reading. City Manager Chi reviewed staff report for Public Hearing regarding adoption of the California Building Standards Fire Code (Title 32 Los Angeles County Fire Code). Mayor Tran opened public hearing at 7:05 p.m. Juan Nunez, 2702 Del Mar Avenue, stated that he was under the impression that nothing would be build at this location right away. City Manager explained that the owners of that location do have the appropriate building permits to build. Juan Nunez asked if the new building was going to go up new and if the old building had been demolished. He also asked if this project had been going on for three years. City Manager Chi responded that discussions had been under going for about 3 to 5 years. Juan Nunez recommended that the fire department not engage in putting out fires in those places that are under power lines. James Flournoy, 8655 Landis View, stated we have a fire code but we have to have people that know what the fire code is and enforce it. He stated he had requested a public record report on that site and had not received an answer. Mr. Flournoy asked how the city had issued building permits if we do not have said reports. Councilmember Clark asked why Mr. Flournoy's request hadn't been answered. City Manager Chi responded staff is still looking and researching Mr. Flournoy's request to come up with the appropriate reports. Mr. Chi asked Jim Guerra, Building Official from Wildan, to come up to podium and explain the status of the projects. Jim Guerra stated he has been collecting the necessary information that Mr. Flournoy had requested. However, some of the language used in his requests were not clear or involved a voluminous amount of research. Mr. Guerra assured that all projects under construction legally meet both the local and state requirements. Jim Flournoy commented that there is a grading code that states what steps should be taken. There being no other speakers, public hearing for item 2A closed at 7:11 p.m. Rosemead City Council Minutes Regular Meeting:.January 8, 2008 Page 2 of 22 011 Councilmember Low mare a motion, second by Mayor Pro Tern Nunez approve Ordinance No. 863 on first reading. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None Councilmember Clark clarified that the vote was on the ordinance and asked staff to bring back report regarding building because of its controversy. 3. PUBLIC COMMENT FROM THE AUDIENCE Mayor Pro Tem Nunez asked if he could read a statement at this time. Mr. Nunez read from a document and stated that he had been named as a defendant in a sexual harassment suit. He clarified that he was asked by legal counsel not to make statements during litigations. He expressed that he denies and will continue to deny any allegations set forth in complaint. Mr. Nunez also clarified in his statement that the complaint was filed two years later of occurrence. Mr. Nunez stated that he was informed by the CJPIA that the attorney fees and the cost to defend this case would significantly exceed the amount of the settlement and that the amount would continue to increase every time Mr. Taylor would discuss closed session matters regarding this case. City Attorney Bonny Garcia explained that council members could not engage in a conversation back and forth in regards to this topic. Councilmember Taylor asked if he had said something to Mr. Nunez and asked that these comments be verbatim on the minutes. Mayor Tran explained process on having minutes verbatim and how it should be motioned. Councilmember Taylor made motion to have Mayor Pro Tem Nunez's comments verbatim on the minutes, seconded by Councilmember Clark. Vote resulted in: Yes: Clark, Taylor No: Low, Nunez, Tran Abstain: None Absent: None Councilmember Taylor stated this has been a cover up since day one and that this has cost over $400,000.00. Juan Nunez, 2702 Del Mar Avenue, asked if this was an agenda item and if this means that Mayor Pro Tern Nunez gets away Scott free without any penalties. Mr. Nunez stated that he knew he said he didn't do it but someone else said he did and that this should be settled in court. Mr. Nunez added that according to a newspaper, the city will pay settlement; Mayor Pro Tern Nunez should be deducted for this settlement. He stated that he also read on the newspaper three weeks ago that Margaret Clark was being sued. Rosemead Ciry Council Minutes Regular Meeting: Janucoy 8. 2008 Page 3 o 22 Mayor Tran asked Mr. N z to be more specific with his question. Mr. Tran clarified that it is not a lawsuit; something was referred to the District Attorney's office. Juan Nunez you asked who gets involved with Metro transit and asked if staff knew they had changed their stop signs; the buses do not stop at the same place. He stated that he had to get in front of the bus to prevent it from leaving. City Manager Chi urged Mr. Nunez not to stand in front of the bus. Assistant City Manager Saeki explained that the city is aware of the situation; staff has been working and is in contact with MTA and will rectify that as soon as possible. Juan Nunez, reiterated about the benches and stop signs. Brian Lewin, 9501 E. Ralph Street, wished council a Happy New year and congratulated the City Clerk. First he asked Council to consider a letter of support for a stamp for WWII. He stated that he would appreciate it if the city would make a resolution to honor said stamp. He also addressed council on the issue relating to the relinquishment to Rosemead Boulevard. He stated that in reference to Councilmember Clark's comments he felt that staff should start looking into storm water issues and start taking action now so that we have less to clean up later. He added that staff should also consider asking code enforcement to pursue storm water issues. Councilmember Clark indicated the pollution that goes down the gutter does not go to the sewer treatment plant. Ms. Clark asked staff to follow up on the matter. Diana Herrera, 3879 N. Delta Avenue, stated she was upset and sad about the already congested Rosemead Boulevard and Garvey Avenue. Ms. Herrera made comments in regards to Councilmember Low, Mayor Pro Tern Nunez, and Mayor Tran; stating John Tran did a nice thing by bringing back the 4m of July parade and bringing bicycles to needy children; illegal but nice. She stated she felt Mayor Tran was being irresponsible in handling developments in Rosemead. Ms. Herrera stated that Mayor Pro Tern John Nunez, alleged offenses have a pattern. Jean Hall, 3655 Muscatel Street, stated she did not want Council to think she is always negative and when she came up was because she had something to say. She stated she was concernec with the negative publicity surrounding Rosemead; and has been ashamed of residing in Rosemead. She felt that Mr. Nunez is a reflection of our choices and felt he should step down. She asked how Mr. Nunez could be satisfied to know the sexual harassment allegations and not have a chance to clear his name. James Flournoy, 8655 Landis View, stated he had also been accused of sexual harassment and stated that Mr. Nunez was innocent until proven guilty. Mr. Flournoy also spoke of the changes in building codes, reference codes, and civil engineer books. He felt that staff should put all these references in the City's website so that people coming in know what books/codes need to be followed. He also referenced documents that the State of California utilizes for codes. Mr. Flournoy apologized to Mr. Guerra and asked him to write a statement assuring in the City all projects under construction legally meet both the local and state requirements. Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 4 of 22 Marlene Shiner, 8447 Rer Lane, S. San Gabriel, stated she did not derstand what council had previously voted on and asked for clarification. Mayor Tran clarified the vote was to have Mayor Pro Tern Nunez's statement verbatim in the minutes. 4. CONSENT CALENDAR B. Resolution No. 2007.49 Claims and Demands Recommendation: Adopt Resolution No. 2007- 49, for payment of City expenditures in the amount of $3,725,289.42 numbered 58878 through 58913 and 61180 through 61307. C. Resolution No. 2008- 4 Claims and Demands Recommendation: Adopt Resolution No. 2008- 4, for payment of City expenditures in the amount of $977,271.30 numbered 58914 through 58963 and 61308 through 61376. D. Release of Letter of Credit - Tract Map 63143 4433 Walnut Grove Avenue A Faithful Performance Bond and a Labor and Material Bond were required to guarantee construction of curb and gutter, sidewalk, a new driveway, parkway drains, planting two parkway trees, relocation of a storm drain catch basin, and installation of survey monuments for Tract Map 63143. In lieu of bonds, a Letter of Credit was issued to the City in the amount of $64,650.00. Recommendation: That the City Council accept the public improvements and release the Letter of Credit. E. Approval of Parcel Map 65311 and Undertaking Agreement 3165 Rosemead Place In accordance with the Conditions of Approval for Tentative Parcel Map No. 65311 approved by the Rosemead Planning Commission on February 5, 2007, the subdivider is required to construct sewer laterals, curb and gutter, sidewalk, parkway drains and A.C. pavement and to install survey monuments prior to recordation of the final map. The Undertaking Agreement guarantees the completion of these public improvements. The subdivider is also required to dedicate 4 feet along the property frontage for public street purposes. Recommendation: That the City Council approve Parcel Map 65311 and the undertaking agreement for the completion of public improvements and accept on behalf of the public the dedication of streets as show on said Parcel Map. Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 5 of 22 Approltof Undertaking Agreement for Parcel M•8743 3055 Sullivan Avenue In accordance with the Conditions of Approval for Tentative Parcel Map No. 68743 approved by the Rosemead Planning Commission on April 2, 2007, the subdivider is required to construct sewer laterals, driveways and sidewalk, plant a parkway tree and install survey monuments prior to recordation of the final map. The undertaking agreement guarantees completion of these public improvements. Recommendation: That the City Council approve the undertaking agreement for the completion of public improvements. G. ICMA Deferred Compensation Loan Program The City currently contracts with ICMA to provide a 457 Deferred Compensation plan for employees. An added 457 plan feature that ICMA offers is a loan program where plan participants may take out loans against their own accounts. The program offers competitive interest rates and extremely low administration and origination fees. Recommendation: That the City Council adopt Resolution No. 2008-02 amending the ICMA 457 Retirement Plan to permit loans, and authorize the City Manager to execute the Loan Guidelines Agreement. Approval of License Agreement with the Rosemead Youth Association for the Use of the Rosemead Park Snack Bar For many years, the Rosemead Youth Association, a youth baseball organization, has utilized the Snack Bar at Rosemead Park during their baseball season as a type of a fundraiser and service to the Park patrons. They are requesting that they be allowed to operate it again from February 1, 2008 through July 1, 2008. Recommendation: That the City Council allow the Rosemead Youth Association to operate the Snack Bar at Rosemead Park and that the Mayor be authorized to execute the attached License Agreement. Approval to Allow the Comite Civico Latino-Americano Use of Rosemead Park to Host a 2008 Sport & Fitness Community Fair The Comite Civico Latino-Americano hosts an "Annual Festival del Deporte" (Sports & Fitness Fair). This year they are requesting the use of Rosemead Park on Saturday, January 26 and Sunday, January 27, from 12:00 p.m. - 8:00 p.m. This activity consists of 30 exhibitor booths featuring Healthcare Services, Fitness Awareness, Sport Education, Community Services, Immigration, Finances/Sales, Real Estate/Home Loans, Job Opportunities and Food and Beverages. In addition there will also be sport clinics, a health fair with free vaccinations and examinations, an emphasis on fitness will be offered, as well as some hands-on sporting techniques. Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 6 of 22 Recomnndation: That the City Council authorize Comite Civico Latino- Americano the use of Rosemead Park on January 26 and 27. Mayor Pro Tern Nunez made a motion, second by Councilmember Low to approve the aforementioned consent calendar items B, C, D, F, E, G, J and N. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None A. Minutes December 11, 2007 - Regular Meeting December 18, 2007 - Special Meeting The November 20, 2007 special meeting minutes were deferred by Councilmember Low. Councilmember Taylor read part of the minutes of December 11, 2007 and asked why Mayor Tran's statements were not verbatim. Mayor Tran explained that he did make a comment for the minutes to be verbatim but was reminded later that the council needed to vote to take that action. Councilmember Taylor made motion to have Mayor Tran's comments verbatim, second by Councilmember Clark. Councilmember Taylor asked the Mayor who directed staff not to have the minutes verbatim. Mayor Tran reiterated that he did and was reminded that there was no vote. Councilmember Clark asked Mayor Tran if he had previously remembered that they had to vote to have the minutes verbatim. Mayor Tran stated he didn't and reiterated that in the past council voted on whether they wanted the minutes to be verbatim or not. Councilmember Clark explained that the only time when council would vote on minutes to be verbatim is when there was not a consensus. Councilmember Low stated she was very uncomfortable having this verbatim because of the amount of work it would create for the City Clerk. Councilmember Clark responded that it is only one paragraph. Mayor Tran asked the council to vote. Rosemead City Council Minutes Regular Meeting: January 8. 2008 Page 7 of 22 Councilmember Taylorde motion to have Mayor Tran's commentssbatim, second by Councilmember Clark. Vote resulted in: Yes: Clark, Taylor No: Low, Nunez, Tran Abstain: None Absent: None Mayor Pro Tern Nunez made a motion, second by Councilmember Low to approve the minutes of December 11, 2007. Vote resulted in: Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None Absent: None Councilmember Taylor asked staff to go back and review the minutes of when Mr. Tran wanted Mr. Glassman appointed and stated that he wanted that item verbatim; no vote was taken and they were verbatim. Councilmember Clark asked that the following comment made by Ms. Shinen be added to the December 18, 2007 minutes, "Ms. Shinen brought two issues before the Council; her first concern was it appeared the City Clerk was appointed by the Council with oversight from the manager, but now it appears the City Clerk would report to one of the Assistant Managers." Councilmember Clark made a motion, second by Councilmember Taylor to approve the minutes of the special meeting of December 18, 2007 with corrections. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None Councilmember Clark asked City Manager Chi whether the City Clerk reported to the Assistant City Manager or Council. City Manager Chi explained that on a day to day basis Mr. Hawkesworth will provide Ms. Molleda with direction regarding things that need to happen. Ultimately, the City Manager is responsible for making sure that everything is happening the way the Council wants things to happen. Councilmember Clark reiterated that staff will be giving input but City Clerk is still under Council's direction. City Manager Chi responded that there will be interaction by staff and yes, City Clerk still reports to and works for the City and City Council. Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 8 of 22 H. General Plan Amendment 07.02, Zone Change 07.225, Planned Development Review 07.01, Conditional Use Permit 07-1090 and Tentative Tract Map 070044 Located at 7419.7459 Garvey Avenue - Second Reading On December 11, 2007, the City Council reviewed the proposed mixed use project at the first required public hearing, which resulted in a motion for approval. The project is now before the Council at the required second reading. Recommendation: That the City Council ADOPT Ordinance No. 860, thereby APPROVING General Plan Amendment 07-02, Zone Change 05-225, Planned Development Review 07-01, Conditional Use Permit 07-1090, and Tentative Map 070044, subject to the attached conditions. Jim Flournoy thanked staff and stated that some of these negative mitigated declarations came through because some are not clear. From now on we'll have the right questions. Mayor Pro Tern Nunez made a motion, second by Councilmember Low to approve Item H. Vote resulted in: Yes: Low, Nunez. Tran No: Taylor Abstain: Clark Absent: None Councilmember Taylor stated that his no vote can be referred back to the previous minutes of December 11, 2007, were his comments on this matter can be viewed. Councilmember Clark stated the same regarding her statements. General Plan Amendment 07.06, Zone Change 05-222, Planned Development Review 06.04, Conditional Use Permit 06.1064, and Tentative Tract Map 069079 for Property located at 3862 Rosemead Boulevard and 9016 Guess Street- Second Reading On December 11, 2007, the City Council reviewed the proposed mixed use project at the first required public hearing, which resulted in a motion for approval. The project is now before Council at the required second reading. Recommendation: That the City Council ADOPT Ordinance No. 861, thereby APPROVING General Plan Amendment 07-06, Zone Change 05-222, Planned Development Review 06-04, Conditional Use Permit 06-1064, and Tentative Map 069079, subject to the attached conditions. Jim Flournoy stated that the mitigation has been taken care of. Roberto Tsai, 9270 Steele Street, expressed his concerns and stated he was disturbed because it did not seem like we work together as a city. Mr. Tsai stated that during the December 11, 2007 meeting all he heard was negative comments about this project. Mr. Tsai asked if the city is on the Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 9 q/'22 red regarding cash flowMe added that residents have come out anted against the outrageous four story buildings, but it seems votes are always 3/2. Mr. Tsai told council that they were voted by people for the people and asked why they are doing this to the people Councilmember Taylor asked Mr. Tsai if he knew about previous items that council had agreed on. Mr. Taylor explained about projects that had been voted on and agreed on by all council. He added that the problem with this project was that there are 62,000 cars a day that are on Rosemead Boulevard in front of that unit and Council has their disagreements with this because the project is just too big. Mr. Taylor added there will be other projects that are coming up, such as, the 4 or 5 story building on Rio Hondo and Valley. Assistant City Manager Saeki clarified it will be a 3 and 4 stories building. Councilmember Taylor explained the residents will see more high density retail mixed use. He also clarified that they are not against progress; it's just when it gets so dense. For example, the Garvey Avenue project requires two story subterranean parking. Each condominium has two parking spaces, our code states that two condominium projects require one additional parking space for visitors. These projects are doing away with the additional parking requirements. He is against too many cars in smaller locations. Mr. Tsai stated he remembered there was a motion on last meeting about a report of traffic on Rosemead Boulevard and asked if anything had been done about it. Mayor Tran stated Rosemead Boulevard belongs to the California Highway. Councilmember Low asked if Rosemead Boulevard belonged to CalTrans and if traffic flow would improve if signal lights would be synchronized. Mr. Tsai urged Council not to have an exit through Guess Street. Councilmember Taylor explained the project had been approved with the exit on Guess Street. Councilmember Low explained that during the last election there were a lot of residents that told her they would like to see more restaurants to improve the family feel. She added the people know that she will approve what they want and that many residents asked to bring more life into Rosemead. She stated these projects have also been approved by the Planning Commission and have been thoroughly reviewed. Councilmember Clark stated nothing that had been protested previously on these projects had been changed. She stated Mr. Taylor was talking about traffic on Rosemead Boulevard and if the city puts projects that are 4 or 5 stories mixed use they will absolutely congest the City of Rosemead. Councilmember Taylor asked City Manager Chi who controls the traffic signals. City Manager Chi responded it was CalTrans who controls traffic signals. Councilmember Taylor stated CalTrans does have a highway division that sets a signal in all of Rosemead Boulevard. Rosemead City Council Minutes Regular Meeting: January 8. 2008 Page 10 of 22 City Manager Chi stated CalTrans has a way to synchronizing traffic lights. Councilmember Taylor asked if anyone had checked on his previous request when they had discussed Garvey Avenue; he asked staff to check and see how L.A. County, who has a satellite station in Colorado, controls those signals. City Manager Chi answered that staff had not. Councilmember Taylor asked how the City controls the lights on Garvey. City Manager Chi responded the City contracts with a company that runs the timing and corrects any problems. Councilmember Taylor asked staff to check on how signals are coordinated. Mayor Pro Tern Nunez made a motion, second by Councilmember Low to approve the aforementioned item I. Vote resulted in: Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None Absent: None Councilmember Taylor noted that if anyone wanted to view the discussion regarding this item they can refer back to the minutes of December 11, 2007. Councilmember Clark also noted that her comments can be referred back to the same minutes. K. Appropriation of Funds for Contracted Project Management Services and for Financial Assistance to the Rosemead Youth Association At the December 11, 2007 City Council meeting the City Council approved a master agreement and project/construction management services agreement with the Del Terra Group. Included in the agenda item was an increase in appropriations not to exceed $149,820.00. Also, at the same meeting, the Rosemead Youth Association (RYA) requested financial aid to assist with payment of an IRS levy and daily operation costs. Councilmember Taylor recommended contributing $15,000.00 to restore normal operations and the City Council approved the contribution. Since neither of the above items was included in the FY 2007-2008 budget an appropriation amendment is needed. Recommendation: That the City Council approve an appropriation addition of $149,820.00 in the General Fund, Capital Improvement account (4760-4905- P74601) for contracted project management services and an increase of $15,000.00 in the Community Promotions, Community Contributions account (4200-6320-Fund01) for assistance to the Rosemead Youth Association. Rosemead City Council Minutes Regular Meeting January 8, 2008 Page I1 of '22 Councilmember Taylor stated he would like to bifurcate the next motion due to some confusion; he stated that it was clear the $15,000.00 was for the RYA but that council had previously received a staff report that mentioned that when this new contractor took over the project there would be a credit given back to the city from the previous contractor. City Manager Chi responded no and that the intent was that initially when Del Terra was contracted for the Garvey Bridge the pot of money that had been allocated (1.5 million) for the development of the bridge was to be paid to the prior contract manager. At that time when the Del Terra's contract was approved there was approximately $300,000.00 remaining from the initial money allocated. There is a potential increase in cost to have Del Terra finish the construction management; however, Del Terra has committed to say the increase will not be more than $149,000.00 and change. Councilmember Taylor asked what happened to the payments that were due when the prior contractor was removed and Del Terra took over. City Manager Chi noted that Willdan was paid for the work they had completed and the remainder was $300,000.00. When Del Terra replaced Willdan the estimated cost to finish the job was $300,000.00 with a potential increase of approximately $150,000.00 Mayor Tran asked that a motion be made for the recommendation of the RYA. Councilmember Taylor made a motion, second by Councilmember Low to approve the recommendation for the Rosemead Youth Association $15,000.00 contribution. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None Mayor Pro Tern Nunez made a motion, second by Councilmember Low to approve the appropriation of funds for Del Terra. Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None Absent: None Councilmember Clark asked for the record to show that her no vote was because Del Terra has a history in the Garvey School District of cost over run. L. Resolution Supporting COG Transportation Planning Grant Application for Rosemead Boulevard The City has actively participated in planning efforts with the Southern California Association of Governments (SCAG) and the San Gabriel Valley Council of Governments (SGVCOG) to address population growth and transportation issues in the region. In 2004, SGVCOG member cities participated in the Summit of Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 12 of 22 Growthlanning effort to address these issues ovee next thirty years. These planning efforts have helped identify key transportation corridors in need of a coordinated focus from local cities. The California Department of Transportation (Cal Trans) offers planning grants to help cities and regional planning agencies address these issues along important transportation corridors. Recommendation: That the City Council: Adopt Resolution 2008-05 supporting SGVCOG's grant application to Cal Trans for transportation planning efforts along Rosemead Boulevard. 2. Authorize the Mayor to sign the attached letter of support. M. Resolution Supporting COG Transportation Planning Grant Application for Valley Boulevard The City has actively participated in planning efforts with the Southern California Association of Governments (SCAG) and the San Gabriel Valley Council of Governments (SGVCOG) to address population growth and transportation issues in the region. In 2004, SGVCOG member cities participated in the Summit of Growth, a planning effort to address these issues over the next thirty years. These planning efforts have helped identify key transportation corridors in need of a coordinated focus from local cities. The California Department of Transportation (Cal Trans) offers planning grants to help cities and regional planning agencies address these issues along important transportation corridors. Recommendation: That the City Council: 1. Adopt Resolution 2008-06 supporting SGVCOG's grant application to Cal Trans for transportation planning efforts along Valley Boulevard. 2. Authorize the Mayor to sign the attached letter of support. Juan Nunez, 2702 Del Mar Avenue, spoke in regards to traffic and felt that with the new developments the City is adding more people. By adding more people, the City is not going to help traffic situation. Mr. Nunez felt confused as to why the council is doing this. Councilmember Clark stated she planned to vote no on this because of the way the resolution reads. Ms. Clark stated other cities are going to be looking at our city (Rosemead Boulevard) and say that this is a good place to build four story buildings. She explained how the "San Diego Plan" or transit oriented development fits in Glendora and Claremont because they have projects adjacent to the proposed site of the Metro Gold line but it won't fit in Rosemead because we do not have a transit station. Mayor Pro Tern Nunez mentioned that the Traffic Commission and SCAG also moved to include rapid transit stations. The committee on transportation has now expanded these ideas on the SCAG. Mayor Tran asked staff who brought this to the Council's attention. Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 13 of 22 City Manager Chi stated that both items L and M are initiatives that the San Gabriel Valley Council of Governments is currently working on, are seeking grant funds through Metro, and have asked every city along the Rosemead Corridor and Garvey Corridor to support their initiatives. Mayor Tran commented that there are two councilmembers that sit on the board (SCAG) and asked Ms. Clark if she had voiced her oppositions. Councilmember Clark explained she had expressed her opposition and stated that at that meeting people were putting chips on where they wanted new housing units to be built without having any clue on what the zoning codes were for other cities. Mayor Tran directed staff to gather more information in regards to both items. Councilmember Taylor stated that item M is a duplicate of Valley Boulevard and asked that information be gathered for both items. Mayor Tran directed staff to review both items and contact SCAG and COG to see what there take is on these two items. Councilmember Low mentioned that this was an opportunity to get some funding for the study Councilmember Taylor clarified the City of Rosemead did not get any money. City Manager Chi stated it was a not grant for the City of Rosemead but rather for the San Gabriel Council of Governments, whose purpose is to promote regional cooperation in terms of housing development and transportation. Mr. Chi explained that COG is currently in the process of applying for grants through L.A. Metro and those grants will be used for advanced planning along Rosemead Boulevard and Valley Boulevard; COG is looking to gain support from cities that are involve to advance their agenda. Councilmember Taylor stated Rosemead Boulevard, Valley Boulevard, and Garvey Avenue all have an F rating for traffic circulation. He added that these groups are going to put together a master plan that works best for the control of traffic flow and will make proposals that take away local control. Mayor Pro Tern Nunez felt that the city should be involved in these planning procedures to find ways to get people on rapid transit. Mayor Tran asked Mr. Saeki if he knew what the CalTrans' rating was on the off ramp of the 60 freeway exiting San Gabriel Blvd by Wal-Mart. Assistant City Manager Saeki responded that he did not know. Mayor Tran stated he wanted to point that out. Councilmember Taylor clarified that it affected the traffic only 3 percent as stated on the study report. Rosemead City Coursed Minutes Regular Alfeeting: Jamuarv 8. 2008 Page 14 of 22 Mayor Tran expressed concern because it was by a residential area. Nlr. Tran asked staff to bring back these two items. Administrative Service Officer Marcarello stated the items could not be bought back because they were time sensitive. Mayor Pro Tern Nunez made motion to support these items. Councilmember Low clarified this was only a letter of support and it did not mean it would automatically add more people and traffic to the city. Mayor Pro Tern Nunez made motion, second by Councilmember to approve items L and M. Vote resulted in: Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None Absent: None 5. MATTERS FROM CITY MANAGER & STAFF A. Recommendation for Adopting Reserve Policies for Selected Funds A mark of fiscal stability is a city's undesignated General Fund balance or an officially designated General Fund reserve or one derived from General Fund revenues. In a "Recommendation Practices" report, The Government Finance Officer's Organization (GFOA) states that, "It is essential that governments maintain adequate levels of fund balance to mitigate current and future risks (e.g., revenue shortfalls and unanticipated expenditures) Fund balance levels are a crucial consideration, too, in long-term financial planning." The GFOA went on to recommend the governments establish a formal policy on the level of unreserved fund balances, or reserved or designated fund balances that should be maintained in the General Fund and other selected funds. This report recommends that City Council members adopt the accompanying policy establishing reserve levels for the General Fund and also creating a Capital Projects fund and an Equipment Replacement Fund, as well as the procedures for establishing, maintaining and the use of reserves. Recommendation: That the City Council adopt Resolution No. 2008-01, "A Resolution of the City of Rosemead Adopting a Fund Balance Reserve Policy". Juan Nunez, 2702 Del Mar Avenue, expressed his concerns about the reserve policy and felt that the city is gambling other people's money. City Manager Chi stated he was excited to present a formal reserve policy and also the establishment of some reserve funds; reported staff has been working on preparing for the 2008- 2009 fiscal year budget. He explained that during the course of conversation staff had been working on developing a more formal general plan reserve policy in addition to several reserve Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 15 q/ 22 funds, such as, a capita replacement fund and an equipment replacement fund to better designate funds that the city currently holds in an unallocated fund balance. Mr. Chi added the City is in excellent fiscal condition and currently has 20 million dollars in unallocated general funds reserves. In addition, best practice in government financing circles do recommend that the City allocate those funds to specific reserve pods; three funds for council's consideration include the General Operating Reserve Fund, a Capital Projects Fund and an Equipment Replacement Fund. Staff recommends creating two different reserve funds; one for capital projects, in which will assist with any unforeseen projects and the second for equipment replacements, which will help replace all city equipment. Councilmember Taylor asked the City Manager where he got the figures for the capital funds and asked for clarification of the other fund and the amount of it. City Manager Chi reiterated the description of the Capital Fund and the Equipment fund purposes. Finance Director Steve Brisco asked Council to commit to the Equipment replacement fund that will allow them to charge the departments the equivalent depreciation plus five percent which will accumulate and at the end of useful life of a piece of equipment the city will have a pot of money they can use to replace that equipment, such as, cars or computers. Councilmember Taylor asked where Mr. Brisco got this information from. Mr. Brisco responded that there was a study done by Muni-Financial. Councilmember Taylor read page two of the proposal and asked staff if they obtained their information from the book "Adoption of Reserve Policy in California Cities". City Manager Chi responded yes. Councilmember Taylor stated the book presents the results of interviews with 205 cities finance professionals and asked Mr. Chi if he knew how many cities are in California. City Manger Chi replied 460 Councilmember Taylor reiterated that Mr. Chi mentioned that the City was in good financial condition and added that two of the general funds rates talked about the equivalent in two to four months and one of those three cities took a more analytical approached; out of the 460 cities, we took information from those three cities to try and explain what we are doing. City Manager Chi responded that was not an accurate description of what staff did; staff references the book by Anita Lawrence, who is a well respected finance professional in government finance circles, and looked at all of the different ways other cities adopt and approve general fund reserve policies. He explained that currently the city has a big pot in the unallocated General Fund; best practices would be to allocate these funds for specific purposes. For example, if a car is needed, it makes more sense if you have one fund and then charge the department to pay it back to that fund. Councilmember Taylor asked when staff would be giving Council all those figures. Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 16 of 22 City Manager Chi respon Red it would be done in the next budget cycle for 2008-2009 Councilmember Taylor asked Mr. Chi how much was allocated for the Capital Fund. City Manager Chi responded Capital Project Fund was well in excess of $10 million, which included the bridge which was big bulk of it. Also, explained that every year we don't know what our revenue will be and every year we make an estimate of what our total revenue will be depending on tax growth in the city. Councilmember Taylor asked Mr. Chi what the property tax in the City of Rosemead was. City Manager Chi explained that property tax is roughly 1.5 million dollars; property tax that is given to us in lieu of sales tax is roughly 1.2 million and property tax given to us in lieu of vehicle licenses is roughly 3 million. Councilmember Taylor indicated that 1.5 million dollars is a very small amount and that the Sheriffs department is over 5 million dollars. City Manager Chi also mentioned that the total operating budget is roughly 16 million dollars and of that 16 million, an appropriate operating reserve is 31 percent, which roughly equates to 5 million. Councilmember Taylor objected because staff has not given enough information. City Manager Chi indicated staff felt it was still premature to commit to any figures without making any analysis first. Mr. Chi explained staff is not asking to adopt the reserve policy to spend the rest of the allocated money but rather is stating that we need to provide definition into how our reserve funds are being utilized; this will be the first in several steps that will be brought to council for approval that will improve our fiscal position. Councilmember Low commented it was important to set aside a percentage of the budget on reserve in case we do not receive sale tax; the rest of the reserve usually goes in purchasing, equipment, and a capital fund. She stated that staff is not spending the money but rather putting it in three different buckets. Councilmember Clark asked what staff had done regarding the unfunded liabilities for retirement. City Manager Chi stated that staff had met with a PARS representative and went over retirement cost and how benefit changes will impact our other post benefits. Mr. Chi explained that the cost was cut down by 75-80 percent and potentially even more. He added that this has impacted the budget dramatically in a positive way. Councilmember Low asked Mr. Chi if the amounts going in these funds would be approved on a future council meeting and if the council was not comfortable with the figures if there would be flexibility to change them. City Manager Chi assured her there would be Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 17 q/ 22 Mayor Pro Tern Nunez sated that what staff was trying to do was set uupp a procedure to make sure we put money aside and the right dollar amount aside and agreed this was a good step to identify the amounts in the reserves. Councilmember Clark stated she did not like the idea of not having dollar amounts because it sounded like those funds would be flexible during the budget and stated she could not vote on this tonight because the buckets were not established. Councilmember Low stated that at this time we are only approving to allow staff to work on what monies will be put on the reserve funds. City Manager Chi stated yes and no; the reserve rate that we are discussing for operations is set at 31.21 percent, the other two buckets or funds, those amounts will be determined by the budget cycle. Mayor Pro Tem Nunez added it was a good percent to have for the policy. Councilmember Taylor reiterated on his earlier comments about good financial shape and felt any savings in the funds would be spent quickly. Mr. Taylor stated that there was a year worth of reserve for any needs that may come about and asked staff if they remembered they (Federal Government) wanted to cut off Community Block Grants a year and a half ago. City Manager Chi replied that every year they try to modify it. Councilmember Taylor asked how much the city gets in those funds. City Manager Chi replied roughly 4 to 5 million dollars a year and it is used for city improvements Councilmember Low explained that if Rosemead was kept beautiful then the use of those grants would not be needed. Councilmember Clark asked what about the needs of People for People, RYA, and other community groups. Mayor Pro Tern Nunez stated that was the reason why we would always have a need and why we fight for the CDBG money. Councilmember Taylor stated that the City kept one year in reserve and now that one year reserve was going to be cut down to 2 to 4 months. Councilmember Low explained the reserve funds would not be cut down but instead be put into the different reserve funds. She explained that currently the money comes out of the general fund and what staff was trying to do was allocated that same money in three different buckets. Mayor Tran clarified this policy identifies the three buckets and that every year council will get a list of the capital improvements. Councilmember Clark indicated her problem was that they haven't earmarked those funds. Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 18 of 22 Councilmember Low related as to how the funds would be set in thrOee different funds. Mayor Tran stated he trusts how staff worked diligently on this and came up with the right percentage and calculations for the city. Mayor Pro Tern Nunez made a motion, second by Councilmember. Low to approve,the recommendation. Vote resulted in: Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None Absent: None City Manager Chi assured Council that staff will bring this policy back as part of the budget process. City Manager Chi introduced new Liaison Sergeant Michael Oshea to the community and thanked Sergeant Tri Hoang for his service. 6. MATTERS FROM MAYOR 8 CITY COUNCIL A. 9654 Valley Boulevard - Vacant Gas Station Councilmember Gary Taylor has requested that the property located at 9654 Valley Boulevard (vacant gas station) be agendized for discussion. Attached to this staff report is a copy of all information that the City has gathered about the property and provided to the various property owners to date including a notice of violation and an authorization to allow the Los Angeles County Sheriff's Department to arrest for trespassing. Also attached are pictures of the debris in an around the building for the City Council's review. Recommendation: That the City Council provide direction with regard to future code enforcement action for this property. Councilmember Taylor commented that Brian Lewin has brought this issue many times to Council's attention. Brian Lewin, 9501 E. Ralph Street, stated he had brought it to council's attention on various occasions; after recall election and that he had also spoken to public safety employees. Councilmember Taylor described the inside of the gas station was a total disaster and explained this had been an on going item for at least six months. Mr. Lewin stated he just wanted to hear what was going to be said on this issue and maybe see if he had something to add to that. Councilmember Taylor told Mr. Lewin if he'd go back to minutes of a month ago, he'd see that he had been told that the owner to this property could not be found. Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 19 0/'22 City Manager Chi repliecTthat the owner of the vacant gas station hat difficult to contact and that there is a caretaker that the property owner designated. Councilmember Taylor asked who the owner was and where they were. City Manager Chi replied the owner is an absentee land owner that lives in San Marino and is currently traveling. Councilmember Taylor asked that staff go back and take a look at the City's Ordinance regarding this lot. City Manager Chi stated the ordinance will not take effect until January 11th, which is 30 days after second reading. He added there are three properties that the city is planning on abiding; this being one of them, the vacant gas station on the northeast comer of Valley, and the property located on the corner of Garvey and San Gabriel. Councilmember Taylor asked what the problem was with the property on Valley Boulevard. City Manager Chi replied that the property has not been kept and added that staff has been trying to contact the property owner of the third property; staff has been working with them for the last 3 months. Councilmember Taylor asked if there were pictures of that property Assistant City Manager Saeki stated he could not assure him of that; however, it is policy to have staff take pictures of the property for every code enforcement case because once the problem has been identified the property owners will not let staff in the property a second time. Councilmember Taylor asked staff for background information on all three properties. Mr. Lewin added it was after September or October of 2006 when he came to council and mentioned that site, the site across the street, and former stereo house. Councilmember Taylor commented that the property has not been consistently bad; they cut the brush the first time, the second time they took the brush and placed it in the back and it's been in the back for three months; before that property has been fairly clean; the point is that now a property owner has been found. Mayor Tran clarified, as specified on the reports, as soon as Mr. Lewin brought this matter to the attention of Council staff has been working on the issue. City Manager Chi replied that was correct. Mayor Tran stated there would be no action taken by Council. B. City of Rosemead Employee Handbook Councilmember Taylor has requested that the City of Rosemead Employee Handbook be agendized for discussion. Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 20 of 22 • o Councilmember Taylor asked what the policy in distributing the employee handbook was. City Manager Chi explained that each new hire receives a copy of the handbook as part of their employment packet, which also includes a sheet to have them sign to acknowledge the receipt of said handbook. He also added that other employees who were given the handbook after the policy was put in place also signed a form that indicates they have received a handbook and all those documents are placed in the employee's personnel file. Councilmember Taylor asked when the employee handbook was revised. City Manager Chi replied there is only one version of the handbook, which was written in 2004. Councilmember Taylor asked newly appointed City Clerk Gloria Molleda if she had obtained an employee handbook. City Clerk Molleda replied she had not because her employment was not effective until tonight. Councilmember Taylor asked how many employees in city hall are not getting a paycheck directly from the city. City Manager Chi replied the building and engineering section. Councilmember Taylor asked how the people who are not paid directly by the city get their sexual harassment training. City Manager Chi replied through their employer. City Attorney Bonny Garcia stated the law requires mandatory sexual harassment training for employers to provide to their employees; the law also presumes that people comply with the law. Councilmember Taylor asked what the state laws say on that. City Attorney Garcia replied state law requires employers to provide mandatory training to all personnel. Councilmember Taylor asked how often supervisors have to reinforce that program. Assistant City Manager Hawkesworth replied every two years; every supervisor and manager needs to go to training. Councilmember Taylor asked Councilmember Low if she had a copy of the handbook. Councilmember Low replied she did. City Manager Chi responded staff was going to check if Council has received the handbook. Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 2 l of 22 Councilmember Clark commented that in the last meetino Ms. Shineh'stated she nave a letter of commendation for Nina Castruita and Mr. Chi had stated said letter was placed in Ms. Castruita's personnel file; she would like verification of that statement. Secondly, Ms. Clark mentioned looking through some publications on concrete where it actually looks like concrete but it allows the water to infiltrate; she would like to see staff incorporate that into the recommendations. Mayor Pro Tern Nunez stated that when he went to a conference they spoke a lot about that green cement. Councilmember Clark requested that when the stop sign on Jackson Street is taken out; since drivers have gotten used to the stop sign; staff implement a temporary flash light to have cars stop; once stop sign is gone, people don't have to stop. City Manager Chi stated they would install a traffic directional sign and assured her staff would come up with a solution. 7. ADJOURNMENT The meeting adjourned at 9:38 p.m. The next regular City Council meeting is scheduled to take place on January 22, 2008 at 7:00 p.m. Respectfully submitted: Gloria Molleda CITY CLERK Approved: J n Tran eAYOR Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 22 of 22