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CC - 06-12-07MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL June 12, 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 the City Hall, 8838 E. Valley Boulevard, Rosemead, California. The pledge to the flag was led by Councilmember Taylor. The invocation was delivered by Mayor Tran. ROLL CALL OF OFFICERS: Present: Clark, Low, Nunez, Taylor and Tran Absent: None Council recessed and reconvened at 7:05 p.m. 1. PUBLIC COMMENT FROM THE AUDIENCE Ruby Ratterree, residing at 2739 N. Muscatel Ave., complained about the still existing Casa Latina noise problem. She also shared that residents are allowing their pets to defecate on neighboring properties without taking the responsibility to clean it up. Asked the Council to help in enforcing pick-up laws. Mayor Tran: Replied to Mrs. Ratterree that Casa Latina's 90-days extension will soon end and will be brought back before Council as an Agenda Item. Councilmember Clark: Inquired as to why Casa Latina remains open when one of the conditions for operating was that there was to be no noise audible from the outside. City Attorney: Responded by saying that a process is in place for setting a case. Councilmember Low: Wanted to know if there was anything that can actually be done. Ruby Ratterre: Inquired if the insulation of the building has been checked. Ken Pike, residing at 8400 Grand Ave., feels that the current serving Commissioners are inexperienced. Further inquired about City Manager Lazzaretto's status. Mayor Tran: Responded that City Manager Lazzaretto is on paid administrative leave. Ken Pike: Expressed concern that the City Manager and Interim City Manager are both receiving compensation on duo salaries. Believes that item recommendations should be made by the Council and not the staff on all expenditures. Asked if that was in the budget. Mayor Tran: Responded that it was in the budget. Jim Flournoy, residing at 8655 Landis View, spoke about a Fire Department issue. He indicated that Station 4 comes out to his property twice a year to inspect for hazards. He wonders how he is supposed to Rosemead CiN Council Minuses: 6-11-07 Page 1 of 10 • operate his storage unit facility when the rules keep getting tighter by the Fire Department & Edison. Juan Nunez, residing at 2702 Del Mar Ave., inquired about who was responsible for trash pick ups. Deputy City Manager Chi: Responded that Consolidated Disposal holds the contract for trash. Juan Nunez: Feels that trash is being neglected in front of a laundry on Del Mar/ Garvey. Mayor Pro Tern Nunez: Asked Mr. Nunez if the trash he spoke of was by a bus stop. Juan Nunez: Indicated that it was not by a bus stop but right in front of the laundry store. Deputy City Manager Chi: Assured the Council that the location would be checked. Marlene Shinen, residing at 8447 Drayer Lane, S. San Gabriel, read from an article where Councilmember Clark stated that she did not compose the flyer about the fence issue involving Mayor Tran. Councilmember Clark: Reiterated that she did not write the flyer but instead gave information about fence height changes to the consultant and he mailed it. Marlene Shinen: Asked Councilmember Clark if she had emailed the consultant the information. Councilmember Clark: Responded by saying that she was opposed to the fencing height change of 4 feet to 3 feet. Marlene Shinen: Again inquired about the Consultant and whether he was paid by Councilmember Clark. Councilmember Clark: Responded with a definite, no. Marlene Shinen: Further inquired if the Consultant remains employed or had been fired. Councilmember Clark: Stated that she did not hire nor fire him. Councilmember Taylor: Asked about the status of the supposed 15,000 letters going out to the community. Deputy City Manager Chi: Responded that no letters have been mailed out and that staff was composing an update in regards to the Single Family residential guidelines. 2. PUBLIC HEARING A. Consideration of the Imposition of Rubbish Liens Pursuant to the contract between the City of Rosemead and Consolidated Disposal Services, a Public Hearing has been scheduled to consider protests regarding the imposition of liens on real property from those customers who are delinquent in paying their trash collection bill. Based on City Council direction at the conclusion of the Public Hearing, a listing of all delinquent accounts that have not paid by 6:00 pm on June 28, 2007, will be submitted to the Los Angeles County Tax Collector in order for a lien to be Rosemead City Council Minutes: 6-12-07 Page 2 of 10 placed against those properties on the 2007-2008 tax roll. Recommendation: That the City Council direct staff to place liens on those properties whose owners have not paid their trash collection bill in full by 6:00 pm on June 28, 2007. Councilmember Taylor made a motion; second by councilmember Low to pass item A. Votes resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Absent: None Abstain: None Deputy City Manager Chi recommended that Closed Session be moved to the end of the Agenda. Mayor Tran followed the recommendation and moved Closed Session to the end of the meeting. 4. CONSENT CALENDAR A. Resolution No. 2007-19 Claims and Demands Recommendation: Adopt Resolution No. 2007-19, for payment of City expenditures in the amount of $2,146,599.47 demands 57375 through 57564. B. Minutes April' 10, 2007 - Regular Meeting F. Independent Cities Association 47th Annual Seminar - San Diego: July 12.15, 2007 Conference sessions will include: Gang Crime and Injunctions; Proposition 69 Update, Controlling Graffiti Using a Comprehensive Approach, Eminent Domain Update and Alternative Fuel Vehicles. Recommendation: That the City Council authorize any Council Member, the City Attorney, the City Manager, or staff designee to attend the event at City expense. G. League of California Cities 2007 Annual Conference & Exposition Sacramento: September 5 - 8, 2007 Conference sessions will include: Gaining and Maintaining a Great Park Program; Legal and Risk Management Aspects of Skate Parks; Alternative Energy; Establishing and Managing Impact Fee Programs; GASB 45; Innovative Ideas to End and Prevent Homelessness; Motel Conversion; Prop 1C; Hillside Development and Open Space; Legislative Update on Redevelopment Related Issues; Preventing Workplace Violence at City Hall and Infrastructure Bond Implementation. Rosemead City Council Minutes. 6-12-07 Page 3 of 10 Recommendation: That the City Council authorize any Council Member, the City Attorney, the City Manager, or staff designee to attend the event at City expense. H. California JPIA Risk Management Conference Santa Barbara: October 24-26, 2007 Conference sessions will include: Working Effectively with Worker's Compensation Third Party Administrator; Navigating through Local Ordinance and Zoning Exposures; Strengthening Relationships throughout the Liability Claims Process; Getting Community and Senior Centers in Order; Preventing Child Abuse in Public Agency Programs; Interpreting ADA Standards for Local Government; and Learning and Applying Successful Employment Practices. Recommendation: That the City Council authorize any Council Member, the City Attorney, the City Manager, or a staff designee to attend the event at City expense. International Council of Shopping Centers Deal Making Conference San Diego: September 18-20, 2007 The program will feature a roundtable format to discuss key issues in the shopping center industry in which over 100 leaders will provide handouts on topics that focus on architecture, development, leasing, marketing operations, retail trends, site selection, investment sales and capital market strategies. Recommendation: That the City Council authorize any Council Member, the City Attorney, the City Manager, or staff designee to attend the event at City expense. Mr. Juan Nunez spoke after the Item had been approved by Council. Juan Nunez: Feature development in neighboring areas where eminent domain can be used. J. Approval of Fireworks Stand Locations Fourteen applicants have requested a permit to sell fireworks. All deposits have been received and certificates of insurance are on file. In the past, the City Council has waived electrical permit fees. In 2006, the City Council approved 14 locations. Recommendation: That the City Council approve the attached list of applicants and their stand locations and waive any electrical fees. K. Approval of Undertaking Agreement for Parcel Map 64175 2321 Pine Street In accordance with the Conditions of Approval for Tentative Parcel Map No. 64175 approved by the Rosemead Planning Commission on April 3, 2006, the subdivider is required to construct new sewer laterals, driveway, parkway drains, and survey monuments prior to recordation of the final map. The undertaking agreement guarantees completion of these public improvements. Rosemead City Council Minuses: 6-12-07 Page 4 of 10 • • Recommendation: That the City Council approve the undertaking agreement for the completion of public improvements. L. Red Curb at 8657 Grand Avenue A request was received from California American Water Company located at 8657 Grand Avenue, requesting installation of an additional 20 feet of red curb west of their driveway in order to improve visibility and maneuverability of their vehicles exiting the facility. Currently, 10 feet of red curb exists immediately west of driveway. Recommendation: That the City Council approve the Traffic Commission's recommendation to install 20 feet of red. curb on the west side of the driveway of 8657 Grand Avenue from the existing red curb westerly. M. Acceptance of Bids and Award of Contract for Street Resurfacing on Various Streets FY 2007.2008 On May 31, 2007, bids were received for the resurfacing of various City streets. The City Council will consider award of the contract to Hardy & Harper, Inc. in the amount of $404,000. Recommendation: That the City Council accept all bids and award the project to Hardy & Harper, Inc. in the amount of $404,000 and authorize the Mayor to sign the contract on behalf of the City. Mayor Pro Tem Nunez made a motion; second by Councilmember Clark to pass items A, B, F, G, H, I, J, K, L, and M. Votes Resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Absent: None Abstain: None C. Ordinance No. 851- Second Reading On May 29, 2007, the City Council. approved Ordinance No. 851 on first reading, which will modify the development standards of the zoning ordinance as they relate to single-family home design in the R-1 and R-2 zoning districts. Recommendation: That the City Council approve Ordinance No. 851 on second reading amending subsections 17.12, 17.16, 17.20, and 17.112 of the Rosemead municipal code relating to single-family residential design standards. Rosemead Citv Council Minutes: 6-12-07 Page 5 of 10 Mayor Pro Tern Nunez made a motion; second by Councilmember Low to pass item C. Votes Resulted in: Yes: Clark, Low, Nunez, Tran No: Taylor Absent: None Abstain: None D. Adoption of the City of Rosemead's Fiscal Year 2007-08 Appropriation Limit and Annual Budget Article XIIIB of the Constitution of the State of California was enacted by a vote of the people as Proposition 4 (the Gann Initiative) in November 1979. This law limits the level of most appropriations from tax sources that the state and most local government entities. are permitted to make in any given year. It also requires that each governmental unit annually calculate its Appropriations Limit and adopt it by resolution prior to the beginning of the fiscal year under consideration. In addition Government Code Section 7910 requires that 15 days prior to this meeting, documentation used in determination of the Appropriations Limit shall be made available to the public and this information was made available in this manner. The City of Rosemead's Appropriations Limit and Appropriations Subject to the Limit were both calculated in accordance with guidelines issued by the League of California Cities. Utilization of this approach facilitates the annual review requirement. The results of these calculations are: Appropriations Limit for FY2008 $33,405,778 Appropriations Subject to the Limit 14,539,039 Amount under Limit $18,866,739 Recommendation: That the City Council adopt Resolution No. 2007-18 approving fiscal year 2007-08 Appropriation Limit according to Article XIII-B (Gann Initiative) of the Constitution of the State of California and approving the fiscal year 2007-08 Annual Budget and making the appropriation for amounts budgeted. Mayor Pro Tern Nunez made a motion; second by Councilmember Low to pass item D. Votes Resulted in: Yes: Low, Nunez, Tran No: Clark, Taylor Absent: None Abstain: None E. Agreement with Laidlaw Transit Services, Inc. Laidlaw Transit Services, Inc. provides the City's Dial-A-Ride and fixed-route (Shopper Shuttle) transit services. Since 2002, this contract has been extended annually along with Rosemead City Council Minutes: 6-12-07 Page 6 of 10 011 0 a cost-of-living adjustment. This contract. expires on June 30, 2007. It is proposed that the seventh amendment to the original agreement be executed thereby extending the contract through June 30, 2008, and granting a 3.83% cost-of-living adjustment. Recommendation: That the City Council approve the Seventh Amendment to the Agreement between Laidlaw Transit Services, Inc. and the City, authorizing a one-year contract extension and a 3.83% cost-of-living adjustment, effective July 1, 2007, and authorize the City Manager or his designee to sign the contract on behalf of the City. Juan Nunez: spoke about bus stops signs not present and side seating a problem with safety. Councilmember Taylor made a motion; second by Councilmember Clark to pass item E. Votes Resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Absent: None Abstain: None N. Assignment of Rosemead General Plan Update Contract from P & D Consultants to Hogle-Ireland, Inc. The City of Rosemead is currently under contract with P & D Consultants to compete a comprehensive update of the City's General Plan. Staff recently learned that P & D Consultant's senior staff who have been working on the City's General Plan Update in the capacity of project managers are scheduled to leave the company on May 24, 2007 for full time employment with another planning firm known as Hogle-Ireland. Staff has determined that it would be beneficial to the City to move the existing contract to Hogle-Ireland since these individuals have extensive knowledge and are familiar with the City's General Plan process. Particularly these two employees were initially involved in the General Plan Update exercise since its kick off. Transfer of the contract will ensure that the remaining General Plan tasks are completed in a timely manner and a new project manager does not need to be assigned. There will be no financial impact to the City for the contract transfer or revision of the contract. Hogle-Ireland is a well established and highly respect planning consulting firm in Southern California and staff anticipates a seamless transition. Recommendation: That the City Council authorize the General Plan Update contract assignment from P & D Consultants to Hogle-Ireland, Inc. Councilmember Taylor: Inquired as to who owns the work product. Deputy City Manager Chi: Answered that the work product had transitioned with the current consultant. Jim Flournoy: Hopes that the Seismic Consultant also changes with this move. Rosemead City Council A9inutes: 6.12-07 Page 7 of 10 Councilmember Taylor made a motion; second by Mayor Pro Tern Nunez to pass item N. Votes resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Absent: None Abstain: None 5. MATTERS FROM MAYOR & CITY COUNCIL A. 4th of July Parade In order to obtain a permit to stop traffic temporarily and cross Rosemead Boulevard during the 4th of July Parade, the County of Los Angeles is requiring that the City of Rosemead adopt a resolution approving the 4th of July Parade in the City of Rosemead. Recommendation: That the City Council approve Resolution No. 2007-20 approving a 41h of July Parade in the City of Rosemead to be held on July 4, 2007. Councilmember Taylor: Inquired about the parade crossing Rosemead Boulevard. Deputy City Manager Chi: Indicated that two alternate routes were being considered, Walnut Grove to Ivar and the being the corner of Rosemead and Valley. Members of the committee felt confident that they would be able to obtain the permit necessary by Cal-Trans to cross Rosemead Boulevard. Councilmember Clark made a motion; second by Councilmember Low to accept item 5A. Votes resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Absent: None Abstain: None Perimeter Fence at Rosemead Park during the 4th of July Carnival Consideration to remove the perimeter fence at Rosemead Park during the 2007 4th of July carnival. Recommendation: That the City Council provide direction to staff regarding the perimeter fence at Rosemead Park during the 4th of July Carnival. Barbara Murphy, residing at 9125 Bentel Street, strongly suggested that the City bring down the park's perimeter fence for the 4th of July celebration. She believes that it will encourage people to attend. Sheriff's Sergeant: Feels that it is up to the Council's discretion to fence the park or not. He believes that by not having a fence it would invite the public to come to the park. Rosemead City Council Minutes: 6-12-07 Page 8 of 10 • Brian Lewin, residing at 9501 East Ralph Street, supports removing the fencing. Council Taylor: Indicated that in past times the fences were there so that the sheriffs had better control of keeping an eye on high schoolers, people bringing alcoholic beverages into the park, and firecrackers being thrown. He hopes that there will be no problems if the fence is taken down. Mayor Pro Tern Nunez made a motion, second by Councilmember Low to pass Item 5B. Votes resulted in: Yes: Clark, Low, Nunez, Tran No: Taylor Absent: None Abstain: None 6. MATTERS FROM CITY MANAGER & STAFF- None 3. CLOSED SESSION Council went.into Closed Session at 8:45 pm and reconvened at 10:05 pm. Reportable action was: A. Closed Session: The City Council will recess to a Closed Session pursuant to: 1) Government Code Section 54957: Public Employee Discipline / Dismissal / Release Councilmember Taylor made a motion; second by Councilmember Low to terminate the contract with City Manager Lazzaretto effective June 15, 2007. Votes resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Absent: None Abstain: None Mayor Tran stated that the action taken was due to philosophical differences between the Council and the City Manager. 2) Government Code Section: 54957: Public Employee Appointment Title: Interim City Manager Councilmember Clark made a motion; second by Councilmember Taylor to appoint Jess Duff as Interim City Manager. Votes resulted in: Yes: Clark, Taylor No: Low, Nunez, Tran Absent: None Abstain: None Rosemead City Council Minutes: 6-12-07 Page 9 of 10 A substitute motion was made by Councilmember Low; second by Mayor Tran to appoint Oliver Chi as Interim City Manager. Votes resulted in: Yes: Low, Nunez, Tran No: Clark, Taylor Absent: None Abstain: None 3) Government Code 54956.9(a): Conference with Legal Counsel - Pending Litigation Name of Case: Flournoy v. City of Rosemead - (Alleged Brown Act Violation) 4) Government Code 54956.9(a): Conference with Legal Counsel - Pending Litigation Name of Case: Flournoy v. City of Rosemead - (Seismic Activity) 5) Government Code 54956.9(a): Conference with Legal Counsel - Pending Litigation Name of Case: City of Rosemead v. City of Baldwin Park There was no further reportable action given. 7. ADJOURNMENT The meeting adjourned at 10:20 p.m. The next regular meeting is scheduled for June 26, 2007 at 7:00 pm. Respectfully submitted: JL ( " Nina Castruita CITY CLERK APPROVED: jz~, John T MAYO Rosemead City Council dlimaes: 6-12-07 Page 10 of 10 • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD 1 1, Nina Castruita, City Clerk for the City of Rosemead, do hereby certify that the minutes from June 12, 2007, were duly and regularly approved and adopted by the Rosemead City Council on the 14th of August, 2007, by the following vote to wit: Yes: Clark, Low, Nunez, Taylor, Tran No: None Absent: None Abstain: None -4 IL~ch \ W ~ Nina Castruita City Clerk