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CC - 10-09-07i 0 Minutes of the Regular Meeting ROSEMEAD CITY COUNCIL October 9, 2007 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 City Hall, at 8838 E. Valley Boulevard, Rosemead. California. The pledge to the flag was led by Councilmember Clark and the invocation was delivered by Councilmember Low. ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Low, Taylor, Mayor Pro Tern Nunez and Mayor Tran Absent: None 1. PRESENTATION A. Parks & Recreation Summer Program Overview A presentation was given by Parks & Recreation staff Kim Boris and Gerry Mota. Ms. Boris presented on behalf of Interim Director Jean Scott, away at a family emergency. Ms. Boris expressed gratitude for team efforts and introduced Parks & Recreation personnel: Sandy Bernica, Martin Jones, Janette Vicario, Monday Reagan, Bernadette Gallindo and Michael Burbank, Retired Parks & Recreation Director. Mr. Mota's presentation included updates on Recreation services such as: senior, youth and aquatic programs, park management, city-wide events, adult sports and classes. In addition he highlighted Park Services such as park center maintenance and operations, street tree maintenance, capital improvement, contractor management and city-wide clean up events. The Council commended the department for their hard work and successful programs. After the staff presentation, the Council expressed gratitude to City Clerk Nina Castruita, for her efforts during her two years at the City. They all wished her success with her new position at the City of San Gabriel. City Clerk Castruita thanked the Council, City staff and residents for the opportunity to work with the City of Rosemead. Rosemead City Council Minutes Regular Meeting: October 9, 2007 Page 1 of 11 2. PUBLIC COMMENT FROM THE AUDIENCE Ken Pike, Rosemead resident, expressed concern about depreciation to City reserves. City Manager Chi replied roughly $24 million is in the general fund reserve. Marlene Shinen, residing at 8447 Drayer Lane South San Gabriel, read a letter of gratitude to Nina Castruita for her service as City Clerk. Jim Flournoy, residing at 8655 Landisview, commented that the Traffic Commission meeting was not posted on the City's website before the meeting took place. Also, he asked the City Clerk's office update the CPRA log with some of the Mr. Flournoy's requests and commented that the Parks Department is doing a good job but the city needs a Parks Manager on board. Mandy Wong, speaking on behalf of the Asian Community Advisory Committee, thanked Councilmembers Low and Clark, Interim Public Safety Director Anderson, and City Manager Chi for attending their Community Academy Graduation on October 3. Brian Lewin, Rosemead resident, declined the opportunity to speak because his comments were already echoed by Ms. Shinen earlier. Debbie Turner, residing at 3846 Brookline Ave, expressed concern about a market at the corner of Valley and Brookline Avenue allowing people to drink beer and throw trash in the parking lot. She asked the City to address the issue. Lieutenant Jacob offered to help Ms. Turner with that situation. Lanny Aplanalp, residing at 4746 Fendyke, asked for an update on shopping carts and suggested the topic be placed on a future agenda. City Manager Chi replied staff is negotiating with vendors to address the issue. 3. CONSENT CALENDAR A. Resolution No. 2007- 42 Claims and Demands Recommendation: Adopt Resolution No. 2007-42, for payment of City expenditures in the amount of $1,583,515.99 demands 58668 through 58696 and demands 60617 through 60719 B. Minutes September 11, 2007 - Regular Meeting Rosemead City Council Minutes Regular Meeting: October 9, 2007 Page 2 of 11 H. Bank Signature Cards The City of Rosemead requires several different bank accounts to efficiently operate its financial matters. Authorized signers on the City's bank accounts include all Council Members, City Clerk, City Manager and Assistant City Manager. Banks require new signature cards to be completed upon any changes in the list of authorized signers. Recommendation: That the City Council authorize the City Manager, Assistant City Manager and City Clerk as signers on the various City bank accounts. Councilmember Taylor made a motion, second by Councilmember Low to approve Consent Calendar items A, B and H. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None C. Allocation of Home CHDO Set-Aside for FY 2007-2008 The City of Rosemead receives an annual Home Investment Partnerships (HOME) entitlement grant from the U.S. Department of Housing and Urban Development (HUD) based on the City's population size, number of households living below poverty level and number of sub-standard housing units. Federal regulations specify a 15% set-aside of all HOME funds for private nonprofit organizations, which meet the criteria as Community Housing Development Organization (CHDO)'s. These funds must be used for specific project-related expenses associated with housing to be developed, sponsored, or owned by the organization. This can be housing developed for long-term rental, homeownership, or transitional purposes. Up to 5% of the 15% set-aside may be used for general administrative and operational costs of a CHDO. Typical of many grantees, the City has had difficulty committing HOME funds for a CHDO due to HOME regulations. The HOME regulations are very specific in determining whether an organization qualifies as a CHDO. The applicant must have a demonstrated track record and have true accountability to the communities and residents it serves. This accountability extends to the Board of Directors and requires low-income representation on that Board. Staff is proposing that the City enter into an Agreement with Rio Hondo Community Development Corporation (RHCDC) outlying the conditions for the production of affordable housing opportunities using the 15% CHDO set-aside funding. This organization Rosemead City Council Minutes Regular Meeting: October 9, 2007 Page 3 of 11 C L meets HUD's requirements for a CHDO by having the required non-profit legal status, mission statement, financial capacity, and organizational makeup of their Board of Directors necessary for CHDO certification. Recommendation: That the City Council take the following action: 1) Enter into an Agreement with the RHCDC for the production of affordable housing opportunities using the 15% CHDO set-aside funding. Councilmember Clark asked who the members of the Rio Hondo Community Development Corporation are because they were not included in the contract. She stated she tried to Google the organization and asked the City Manager to clarify who the members were. Economic Development Administrator Ramirez read a list of Board of Directors. The company came to the City through HUD and is based locally. Mayor Pro Tern Nunez made a motion, second by Councilmember Low to enter into an agreement with the RHCDC for the production of affordable housing opportunities using the 15% CHDO set-aside funding. Voted resulted in: Yes: Low, Nunez, Taylor, Tran No: None Abstain: Clark Absent: None D. Conditional Use Permit: 07-1103 Appeal Resolution 2007-39 Over the last several months, the City has been working with the Garvey School District and East Los Angeles College (ELAC) towards processing a conditional use permit application to lease the existing Williams Elementary School facility located at 2444 Del Mar Avenue, for the purpose of establishing and operating a satellite ELAC campus. The Planning Commission approved the conditional use permit at its' September 5, 2007 meeting. Shortly thereafter, Council Member Gary Taylor requested that the CUP be appealed to the City Council. On September 25, 2007, the City Council upheld the Planning Commission's approval of the CUP and directed staff to prepare a resolution with all required findings, including information relating to the California Environmental Quality Act (CEQA), in this case, a mitigated negative declaration. Rosemead City Council Minutes Regular Meeting: October 9, 2007 Page 4 of 11 Recommendation: That the City Council approve Resolution 2007-39 approving Conditional Use Permit 07-1103 and adopting Mitigated Negative Declaration and Mitigation Monitoring Program. Mayor Tran and City Attorney Garcia recused themselves from the meeting during the discussion of Item D. Mayor Pro Tem Nunez facilitated the item. Jim Flournoy, Rosemead resident, felt it was inappropriate for the Council to address this issue and felt Garvey School District should be the lead agency and didn't think the Council had jurisdiction over the matter. Special Counsel Attorney Richman indicated the Garvey School District could exempt itself regarding land use control. Councilmember Low made a motion with a second by Councilmember Clark to approve the item. Councilmember Taylor indicated he had questions yet. Mr. Taylor was concerned commingling with adult college students. not yet received answers to his appeal about the safety of children aged 6 to 12 Mayor Pro Tern Nunez thought District Superintendent Virginia Peterson told the Council that scenario would not happen. Councilmember Taylor's specific concern was the separation of the Jaime Escalante Math program and ELAC students. Assistant City Manager Saeki indicated staff would defer to state code as to what type of separation is required. Audience member Bob Bruesch requested to speak to address Mr. Taylor's question. Mayor Pro Tern Nunez felt only staff should address the issue and indicated that if Mr. Bruesch did speak, it would only be as an individual, not as a Board Member for the Garvey School District. Special Counsel Richman clarified that Mr. Breusch could speak as an individual. Councilmember Clark felt Mr. Bruesch should speak if he has information to share and opposed cutting off discussion. Bob Bruesch, Rosemead resident, commented based on personal observation that the Jaime Escalante Institute operates at William's school during the summer, but during the school year operates at Temple and Garvey. Based on his personal observations, the program and ELAC students have not and will not intermingle. Rosemead City Council Minutes Regular Meeting: October 9, 2007 Page 5 of 11 E 0 Councilmember Clark asked if the Escalante summer classes will be offered again. Mr. Bruesch indicated he was not sure. Councilmember Low made a motion, second by Councilmember Clark to approve Resolution 2007-39 approving Conditional Use Permit 07-1103 and adopting Mitigated Negative Declaration and Mitigation Monitoring Program. Vote resulted: Yes: Clark, Low, Nunez No: None Abstain: Taylor Absent: Tran (recuse) Councilmember Taylor asked the record to show he had not received verification on the separation of the children and the lease agreement. Mayor Pro Tern Nunez recessed the meeting for five minutes. The meeting reconvened back with Mayor Tran. E. Stop Sign and Crosswalk on Jackson Avenue at Whitmore Street At the September 25, 2007 City Council meeting, the Council directed staff to prepare a plan showing the installation of a new stop sign, and crosswalk on Jackson Avenue at Whitmore Street. Recommendation: That the City Council approve the plan for the installation of a stop sign and crosswalk at Jackson Avenue and Whitmore Street and direct staff to begin the process for the installation. Councilmember Taylor made a motion, second by Councilmember Clark to approve the plan for the installation of a stop sign and crosswalk at Jackson Avenue and Whitmore Street and direct staff to begin the process for the installation. Vote resulted: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None F. Request for Striping Changes on Encinita Avenue at Mission Drive At the July 5, 2007 Traffic Commission meeting, the Commission discussed and approved a plan to change the striping pattern and curb Rosemead City Council Minutes Regular Meeting: October 9, 2007 Page 6 of 11 0 markings on Encinita Avenue at Mission Drive.' This change entails installation of a red curb at 4106 Encinita Avenue. Recommendation: That the City Council approve the Traffic Commission's recommendation to change the striping pattern on Encinita Avenue at Mission Drive and the installation of red curb at 4106 Encinita Avenue. and direct staff to order the work. Ron Gay residing at 4106 Encinita, indicated Bott-Dots were part of the original proposal approved by the Traffic Commission to slow traffic. He also discussed a clarification to indicate the red curb should go from 4100 to 4106 Encinita. Mayor Tran asked if the Bott-Dots were approved at the Traffic Commission meeting Mr. Gay responded it was not listed in the minutes, so staff indicated the Bott-dot request would have to go before council. Councilmember Taylor asked if Bott-Dots installation require City Engineer approval. Mayor Pro Terri Nunez asked for this item to be brought back to Council with corrections after City Engineer review for the next meeting. G. Recommended Terms to Be Used In a Promissory Note Payable to the City for an Advance Made By the City to RCDC on September 28, 2007 On June 12, 2007 the Rosemead Community Development Commission ("RCDC") held a special budget meeting. At that meeting, by a unanimous vote, the RCDC Commissioners approved the budget which includes a transfer from the City's General Fund to the RCDC Project Area No. 1 Capital Projects Fund of $2,497,920. A promissory note is also necessary to complete this transaction. This report is to present to the Council, for review, the terms to be considered for use in a promissory note to the City from the Rosemead Community Development Commission. Recommendation: That the City Council approve the recommended terms outlined in the staff report to be used in a forthcoming Promissory Note made by the RCDC. Councilmember Taylor asked what the money is going to be used for. City Manager Chi responded the money would be used to pay for ongoing costs. The loan was approved at the budget meeting, but the Council needed to approve the terms of the loan. Mr. Chi stated the City would loan the Agency about $2.5 million at a annual rate of 5.25% over the next 20 years. Rosemead City Council Minutes Regular Meeting: October 9, 2007 Page 7 of 11 • 0 Councilmember Taylor asked if money is put in the Capital Projects Fund how will it be used for administrative costs. Assistant City Manger Saeki clarified the money will reside in the Capital Projects Fund. Councilmember Taylor asked how much money is in the Project Area No. 1 Fund. City Manager Chi replied about $16 million in bond money is in the Project Area No.1 Fund. The tax exempt bond money can be use for limited purposes; one restricted purposes is administrative costs such as salaries and benefits, making this loan necessary. Mayor Pro Tern Nunez made a motion, second by Councilmember Low to approve the recommended terms outlined in the staff report to be used in a forthcoming Promissory Note made by the RCDC. Vote resulted: Yes: Low, Nunez, Taylor, Tran No: Clark Abstain: None Absent: None 4. MATTERS FROM CITY MANAGER & STAFF A. City Clerk Recruitment Process On October 1, 2007, the City Clerk submitted a letter of resignation indicating that her final day with the City will be on October 12, 2007. Based on this development, it will be necessary for the City to begin efforts to recruit for a new City Clerk. After discussing this item with members of the City Council, it is proposed that staff begin the recruitment process for a new City Clerk and for the City Manager to appoint a new City Clerk subject to the approval of the City Council. Recommendation: That the City Council take the following action: • Authorize staff to begin recruitment efforts for a City Clerk • Authorize the City Manager to appoint a new City Clerk subject to formal approval by the City Council City Manager Chi asked for direction about the City Clerk recruitment process. Rosemead City Council Minutes Regular Meeting: October 9, 2007 Page 8 of 11 Councilmember Low replied usually the Council appoints a new City Clerk, not the City Manager. She felt the City Manager should recruit candidates with Council selection. Councilmember Clark agreed with Ms. Low that the staff should do recruitment and perhaps give input, but have council interview and appoint the City Clerk. Mayor Pro Tern Nunez felt staff should screen the most qualified candidates so Council can then interview and appoint a Clerk. Councilmember Clark disagreed and felt the Council should screen all candidates Councilmember Taylor felt all five Councilmembers should interview. He read a portion of the staff report which he disagreed with that stated the City Manager should appoint a new City Clerk subject to the approval of Council. Mr. Taylor advocated the City Clerk should be independent. Councilmember Low made a motion, with a second by Councilmember Clark for staff to coordinate the application process but to have the City Clerk appointment made by Council. Vote resulted: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None 5. MATTERS FROM MAYOR & CITY COUNCIL A. Letter Regarding Property Maintenance Ordinance On September 25 h, a study session was held to discuss the elements of a new Property Maintenance Ordinance in an effort to enhance the City's existing Code Enforcement Program. Based on the feedback received from the City Council, staff was directed to draft a letter for distribution to the entire community regarding this new proposed regulation. In order to finalize the mailing of a letter regarding this matter that the entire City Council agrees upon, staff has drafted a correspondence for consideration. Recommendation: That the City Council approve the draft letter regarding the proposed Property Maintenance Ordinance for distribution to the entire community. Councilmember Low requested this item be tabled. No action was taken. B. Request from Council Member Taylor Rosemead City Council Minutes Regular Meeting: October 9, 2007 Page 9 of 11 On October 2, 2007, Council Member Taylor submitted written correspondence to the Rosemead City Council. In that letter, Council Member Taylor requests that the City Council vote on whether or not to engage the services of Special Investigator Tess Elconin to complete a more in depth investigative report as it relates to a pending personnel matter. Recommendation: That the City Council provide staff with additional direction. Katrina Sornoso, residing at 3903 Earle, advocated the process of moving the City forward should start with the City Manager providing information requested to Council. Ms. Somoso expressed concern about allegations made against Mayor Pro Tern Nunez and applauded Mr. Taylor's efforts to get details to residents. Jim Flournoy, Rosemead resident, spoke against Mr. Taylor's request and advocated that closed session items are sacred and need to be kept in closed session. He advocated assumption of innocence until proven otherwise in a court of law. Councilmember Low expressed disappointment and outrage with Mr. Taylor's letter because it disclosed information from closed session which should be kept confidential. She felt Mr. Taylor's actions were not fair to the process, public, or to the taxpayers. Councilmember Low made a motion to reject the item on the agenda and refer Councilmember Taylor to the Grand Jury for criminal prosecution for violating closed session confidentiality. Mayor Tran seconded Councilmember Low's motion and stated what Mr. Taylor wrote in his letter broke the law and compromised taxpayers. Councilmember Taylor thanked Mrs. Low for her motion as the action will release comments made by employees. He stated his objection to City Attorney Garcia's reversal of information from the first closed session discussion about the issue. Councilmember Clark asked if Mayor Pro Tern Nunez could vote on this item. City Attorney Garcia answered that he could because it is a separate issue. Councilmember Low made a motion, second by Mayor Tran to reject the item and refer Mr. Taylor to a Grand Jury for criminal prosecution for violating closed session confidentiality. Vote resulted: Yes: Low, Nunez, Tran No: Clark Abstain: Taylor Absent: None Rosemead City Council Minutes Regular Meeting: October 9, 2007 Page 10 of 11 • 6. ADJOURNMENT • The meeting adjourned at 8:50 pm. The next regular City Council meeting is scheduled to take place on October 23, 2007 at 7:00 pm. Respectfully submitted: CITY CLERK Rosemead City Council Minutes Regular Meeting: October 9, 2007 Page 11 of 11 APPROVED: 0 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD 1 I I, Gloria Molleda, Acting City Clerk for the City of Rosemead, do hereby certify that the minutes from October 9, 2007, were duly and regularly approved and adopted by the Rosemead City Council on the I I']' of December, 2007, by the following vote to wit: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None lon 0Q Gloria Molleda Acting City Clerk