CC - 11-14-06MINUTES OF THE REGULAR MEETING
ROSEMEAD CITY COUNCIL
November 14, 2006
The regular meeting of the Rosemead City Council was called to order by Mayor Taylor
at 8:05 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 Clark. The Invocation was delivered
by Pastor Ken Fong from Evergreen Baptist Church.
ROLL CALL OF OFFICERS:
Present: Councilmembers Clark, Imperial, Tran, Mayor Pro Tern Nunez and
Mayor Taylor
Absent: None
1. PUBLIC COMMENT FROM THE AUDIENCE
Jim Flournoy, Rosemead resident, spoke on behalf of Marlene Shinen; she requested
copies of all public record requests made in the past year and responses given with
maps included; Ms. Shinen has not yet received a reply to her request. Mr. Flournoy
indicated other public record requests have also not been addressed by the previous
City Manager and City Clerk.
Mayor Taylor felt Ms. Shinen's request was exceptionally broad.
City Clerk Castruita responded that the office is trying to put the log together for Ms.
Shinen but the extent of her request covers more than one full year; in addition, her
request involves records from all departments. The City Clerk will be in touch with Ms.
Shinen to further define the request and respond with materials requested.
Phyllis Tury, residing at 3143 Sullivan, complained about the poultry slaughter house
on Garvey which creates foul odors and bird droppings on City streets. She expressed
concern about bird flu and health hazards relating to the business. She inquired if the
City has an ordinance that regulates keeping chicken on personal property. Ms. Tury
took photos of bird droppings being hosed off onto City streets.
Mayor Taylor requested copies of the photos.
Jim Clouet, residing at 3719 Ivar, commended the City for putting together guidelines
which control City development. He asked special consideration for adequate parking
spots and landscape/design suggestions for 2"d story dwellings that invade neighbor
privacy. He thanked Lieutenant Wallace and Mr. Don Wagner for their assistance with
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a recycle bin issue. He suggested a multi-lingual sticker be placed on recycle bins to let
residents know it is illegal to take items from the bins.
Brian Lewin, residing at 9501 E. Ralph Street commended the development of mixed
use guidelines. He also inquired about codes which regulate property upkeep on vacant
lots and asked if owners can be required to properly maintain the property or be billed
by the City for the clean-up work. Mr. Lewin expressed concern about the property at
the southwest corner of Valley and Temple City Boulevard.
Mayor Taylor responded that a weed abatement and rehab program is in place
Assistant City Manager Wagner stated he spoke with the owner of the property at Valley
and Temple City Boulevard, who has agreed to clear out the weeds and secure the
property.
Councilmember Imperial pointed out that he personally contacts the owner next to the
hotel on Glendon Way every six months regarding the upkeep of the property. He asked
staff follow-up with that property.
Mayor Taylor requested a report on the Rehabilitation properties in the City.
Councilmember Clark requested a copy of the property maintenance ordinance.
Adolfo Ponce, residing at 9060 Whitmore Street, also expressed concern about the
poultry slaughter house in the City. He asked the owner of the poultry business be held
responsible for violations. Mr. Ponce has observed employees washing down feathers
and fecal matter into the public sewer system when deliveries are made.
2. PRESENTATIONS
A. League of California Cities - Recognition of efforts during the "No on
Proposition 90" campaign.
Ms. Jennifer Quan received recognition for the League of California Cities efforts on the
"No on Proposition 90" campaign.
Councilmember Clark thanked the "League of California Cities" for their work which will
prevent potential litigation from property owners who would have been able to sue cities
for any regulation they felt devalued their property.
Mayor Pro Tern Nunez appreciated the strategic recommendation and efforts put forth
by the League. .
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3. PUBLIC HEARINGS
A. Consideration of Consolidated Disposal Services Rate Increase for
Services during Calendar Year 2007
At the October 24th Council Meeting, a public hearing was scheduled for
November 14th to consider Consolidated Disposal Services request for an
increase in their residential rates of 6.61% and commercial rates of 7.64%
to be effective January 1, 2007. These rates include a, one time only,
additional increase to cover the extraordinary increase in gas prices over
the past year. At that same meeting the Council approved amendment
No. 4 which changed the annual adjustment date from August 1st to
January 1 st and granted the City Manager authority to implement the
annual rate increase, provided it does not exceed the formula in the
agreement.
Recommendation: That the City Council, after opening the public
hearing and taking comments, close the public hearing and approve the
rate increase, provided it does not exceed the formula in the agreement.
The Public Hearing opened at 8:33 p.m. No one from the public spoke for or against the
item. The hearing closed at 8:34 p.m.
Mayor Taylor inquired about four items listed on Claims and Demands charged by the
Consolidated Disposal Services.
Assistant City Manager Wagner indicated those charges were for bins provided for
special clean up projects such as the one by Conservation Corps between Garvey
Center and the wash.
COUNCILMEMBER TRAN MADE A MOTION, WITH A SECOND BY MAYOR PRO
TEM NUNEZ to approve the rate increase provided it does not exceed the formula in
the agreement. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
B. Adoption of a New User Fee Schedule
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On June 13, 2006, the City Council authorized staff to contract with
MuniFinancial for the purpose of examining and updating the City's
existing user fee schedule. The intent of the exercise was to examine the
true cost of providing certain municipal services and has resulted in the
creation of an updated user fee schedule for the City Clerk's Office, the
Community Development Department, the Engineering Department, and
the Finance Department.
MuniFinancial has since completed their study and have provided an
updated user fee schedule for City Council consideration. The new
schedule was created only after gaining an understanding of the fully
burdened cost for city personnel involved in providing certain services. By
taking the total salary and benefit costs for employees in each department
and then determining the amount of time it typically takes to provide a
certain service, MuniFinancial was able to determine the appropriate cost
for certain user services.
Recommendation: That the City Council approve Resolution No. 2006-
36 establishing a new user fee schedule.
The public hearing opened at 8:33 p.m.
Jim Clouet, residing at 3719 Ivar, supported the rate increase and encouraged the City
to post more information on the web site to be shared with residents.
City Manager Lazzaretto introduced a representative from MuniFinancial.
Marshall Ironmen of MuniFinancial had planned to give a general overview of the study
but was asked to postpone it until next meeting.
The Public Hearing closed at 8:39 p.m.
COUNCILMEMBER TRAN pointed out an incorrect fee schedule was included with the
staff report and asked the item be deferred until the next meeting.
Councilmember Clark felt public record request fees should be scaled down.
Mayor Taylor stated that information will be given to the staff and the Council will
discuss this item in two weeks.
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4. CONSENT CALENDAR
The October 25, 2005 and November 22, 2005 minutes were pulled for discussion
purposes.
A. Resolution No. 2006-33 Claims and Demands
Recommendation: Adopt Resolution No. 2006-33, for payment of City
expenditures in the amount of $948,924.32 demands 54998 through
55203.
B. Minutes
October 10, 2006 - Regular Meeting
October 24, 2006 - Regular Meeting
C. Approval of Architect's Proposal to Solicit Bids for Improvements at
Garvey and Rosemead Recreation Center
Due to existing problems at the Garvey and Rosemead Recreation
Centers, a proposal has been submitted by BOA Architecture to provide
professional services, specifications and bid documents to correct the
problems. In January, 2006, when the project was initiated, the project
was estimated to cost $156,000. The architect recently increased the
estimated cost by $21,000 for a total project cost of $177,500.
Recommendation: That the City Council approve BOA's proposal and
authorize its execution by the Mayor.
D. Resolution No. 2006-34 - Voting Councilmember Clark to represent cities
without prescriptive pumping rights on the Board of the San Gabriel Basin
Water Quality Authority.
The Resolution is for casting the city's vote for Councilmember Clark to
another term on the San Gabriel Basin Water Quality Authority Board.
Councilmember Clark has been a Charter Member of the Board since it
was established in 1992.
Recommendation: That the City Council adopt the attached Resolution
voting Councilmember Clark to another four year term on the San Gabriel
Basin Water Quality Authority Board.
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E. Resolution No. 2006-35 - A Resolution of the City Council of the City of
Rosemead approving the issuance and sale of not to exceed $26,000,000
aggregate principal amount of Rosemead Community Development
Commission Redevelopment Project No. 1, Tax Allocation Refunding
Bonds, Series 2006B
At its October 24, 2006 meeting, the Community Development
Commission authorized staff to pursue the refunding of all outstanding
debt from the 1993 Tax Allocation Bond issue and use Piper Jaffray to
serve as the senior managing underwriter. As part of the refunding
process, the City Council must adopt a resolution approving the issuance
of the refunding bonds.
Recommendation: That the City Council approve Resolution No. 2006-
35 approving the issuance of tax allocation refunding bonds in a not to
exceed amount of $26,000.
F. California Contract Cities Association - Legislative Orientation Tour
The California Contract Cities Association 2007 Annual Sacramento
Legislative Orientation Tour is set to take place on January 8-10, 2007 in
Sacramento. California.
Recommendation: That the City Council authorize any Council Member,
the City Manager, or staff designee to attend the California Contract Cities
Association Legislative Orientation Tour.
G. AB 1234 Meeting Reports
AB 1234 requires that City Councilmembers and staff provide a brief
report on meetings attended at City expense at the next regular City
Council meeting. The City Clerk has received a written report filed by
Mayor Pro Tern Nunez, Councilmember Clark, Councilmember Imperial,
Councilmember Tran and staff.
Recommendation: That the City Council receive and file said reports.
COUNCILMEMBER TRAN MADE A MOTION, WITH A SECOND BY MAYOR PRO
TEM NUNEZ to approve the aforementioned Consent Calendar items.
Vote resulted:
Yes: Clark, Imperial, Nunez, Taylor, Tran
No: None
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Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
C. Minutes
October 25, 2005 - Regular Meeting
November 22, 2005 - Regular Meeting
Councilmember Clark commented that two voting records from October 25, should be
reported as "Abstained", rather than "No" and pointed out a name correction from that
date as well.
Mayor Taylor asked Minutes from November 22, 2005 be deferred for corrections; he
pointed out certain sections should indicate "pause" instead of "inaudible".
COUNCILMEMBER TRAN MADE A MOTION, WITH A SECOND BY MAYOR PRO
TEM NUNEZ to approve the October 25, 2005 with changes and to defer the minutes
from November 22, 2005.
Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
5. MATTERS FROM MAYOR & CITY COUNCIL None
6. MATTERS FROM CITY MANAGER & STAFF
A. Parking Violation Bail Increase
Staff has initiated an audit of Rosemead's Parking Enforcement practices.
An initial review of current parking violation bail amounts indicates a need
to increase the City's fine for Yard Parking and Street Sweeping violations.
Recommendation: That the City Council approve Resolution No. 2006-
37 which will ensure that all Rosemead parking violation bail amounts are
brought into alignment with bail amounts charged by Los Angeles County.
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Deputy City Manager Chi presented an overview of the Parking Violations Bail amounts
and explained why an increase was recommended. About 50 to 60% of the tickets are
issued relating to yard parking and street sweeping. These two violations render the
lowest amount of bail as compared with that of Los Angeles County. There are a total of
seven bails amounts that are not in alignment with the amount charged by Los Angeles
County.
Councilmember Imperial advocated further research and violator education before fees
are increased arbitrarily.
Mayor Taylor concurred with Councilmember Imperial's comments, requested a one
year summary report of citation history and expressed concern about large increases
from current to proposed fees.
Deputy City Manager Chi indicated an alternative approach might be to increase the bail
amount for repeat violators; software programs are available to track violations.
Mayor Pro Tern Nunez indicated he preferred additional research prior to increases.
Councilmember Tran suggested a gradual increase of perhaps $10 per year until fees
are in line with County fines. He also asked Mayor Taylor if he would support a fine of
$25 for both street sweeping and yard parking.
Mayor Taylor indicated he would support the lower increment fines suggested.
For environmental reasons, Councilmember Clark suggested the City invest in tracking
software to impose higher fines for repeat sweet sweeping offenders.
Mayor Pro Tern Nunez summarized the Council consensus to support street sweeping
and yard parking fees of $25; the other four violations will be raised from $38 to $40.
The Parking Violation Bail Increase was deferred to the November 28, 2006 meeting at
Councilmember Imperial's request.
B. Community Development Reorganization Plan
Staff has been investigating the possibility of reorganizing the efforts of the
Community Development Department to enhance both the efficiency and
effectiveness of internal operations.
After careful consideration, staff is proposing the establishment of a new
departmental structure for Community Development. As part of this
reorganization, it is recommended that the position of Community
Development Director be created to choreograph the efforts of the entire
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department, within which staff is proposing the formal creation of the
following five divisions:
Redevelopment Division; Economic Development Division; Building &
Safety Division; Planning Division; Community Revitalization Division
Based on recent personnel developments, including the pending
retirement of the Assistant City Manager and the resignation of the Code
Enforcement Supervisor and the CDBG Coordinator, this effort to
reorganize the operations of Community Development Department will be
cost-neutral.
Recommendation: That the City Council take the following action:
1) Authorize the City Manager to institute the proposed restructuring
of the Community Development Department.
2) Authorize the City Manager or his designee to appoint new and
reclassify existing personnel as needed to complete the proposed
reorganization of the Community Development Department without
any added expenditures above current salary and benefit costs.
Mayor Taylor inquired how two positions, (Community Development Director and CDBG
Coordinator) can be added as City positions without additional funding.
City Manager Lazzaretto explained funding used for contractual employees will be used;
in addition, the reclassification of employees and not replacing the Assistant City
Manager position will allow for the changes without additional funds.
Councilmember Tran asked which positions will continue to remain contracted and
asked how much the City pays for the contracted Building and Safety position, as it
might be more economical to make that position in-house as well.
City Manager Lazzaretto indicated he will provide that information at a later date.
COUNCILMEMBER TRAIN MADE A MOTION, WITH A SECOND BY MAYOR PRO
TEM NUNEZ to approve the recommendation to approve the Community Development
Reorganization Plan as described above.
Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran
No:
None
Absent:
None
Abstain:
None
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The Mayor declared said motion duly carried and so ordered.
C. Closed Session
1. The City Council will recess to a closed session pursuant to:
a. Government Code Section 54956.9 (c).
Conference with Legal Counsel - Anticipated Litigation
One Case
b. Government Code Section 54956.9 (a).
Conference with Legal Counsel - Pending Litigation
Name of Case: Flournoy v. City of Rosemead
The Council went into Closed Session at 9:15 pm and returned at 10:05 pm; City
Attorney Wallin indicated no reportable action resulted from the Closed Session.
7. ADJOURNMENT
There being no further action to be taken at this time, the meeting was adjourned
at 10:05 pm.
The next regular meeting will be held on November 28, 2006, at 8:00 p.m.
Respectfully submitted: APPROVE
City Clerk MAYO
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
•
I, Nina Castruita, City Clerk of the City of Rosemead, do hereby certify that the
minutes from November 14, 2006 were duly and regularly approved and adopted by the
Rosemead City Council on the 28th of November 2006, by the following vote to wit:
Yes: CLARK, IMPERIAL, NUNEZ, TAYLOR, TRAN
No: NONE
Absent: NONE
Abstain: NONE
Nina.Castruita
City Clerk