CC - Item 5A - Minutes 01-22-08• 0
MINUTES OF THE REGULAR MEETING
ROSEMEAD CITY COUNCIL
January 22, 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 by Councilmember Clark. The invocation was delivered by Councilmember
Low.
ROLL CALL OF OFFICERS:
Present: Councilmember's Clark, Low, Taylor, Mayor Pro Tern Nunez, Mayor Tran
Absent: None
1. PRESENTATION
Mayor Tran was to present the American Red Cross Proclamation "National Blood Donor Month"; however,
no one was in attendance. Mayor asked the City Clerk to make sure proclamation was delivered to
appropriate person.
City Manager Chi asked Mayor Tran to move item 6C up on the agenda, as asked by the San Gabriel High
School.
6C. Appropriation Amendment of $20,000.00 to be Used for a Contribution to the
Alhambra School District Close Up Program, Washington D.C., 2008
Recently, teachers and administrators from San Gabriel High School met with Mayor Tran
regarding the possibility of providing financial assistance to disadvantaged students for the
purpose of sending them to the Close Up Program in Washington D.C., Philadelphia, and
New York. As members of the City Council know, many San Gabriel High School students
reside in the City of Rosemead and the Close Up program will allow this next generation to
experience our nation's capitol and learn more about the history of the United States.
The cost to send each student on this trip is $2,348.00, a price which includes
accommodations, airfare, ect. San Gabriel High School is looking to send eight (8)
students on the trip at a cost of approximately $20,000.00.
Recommendation: That the City Council appropriate $20,000.00 in account number
4200-6410-Fund01 (Community Promotions - Miscellaneous Expenses - Fund01) using
unreserved, undesignated Genera Fund balance for a contribution to the Alhambra School
District to help send eight (8) disadvantaged San Gabriel High School students to the
Close Up, Washington D.C. Event.
Juan Nunez, 2702 Del Mar Avenue, informed Council he did not believe this program would make the
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students better citizens. He asked if these kids are kept track of to see what the results of this program are.
Spoke about possible accidents when attending this trip. Did not think the city should help them and felt
they should be taught at school.
Mayor Tran asked the teacher, coordinator of the program, to come up and speak regarding the program
that helps shape the future of these kids.
Phebe Fricioni and Maria Vario, both Social Science teachers in San Gabriel High School, responded to
Mr. Nunez' comments. Ms. Fricioni stated a lot of students are economically disadvantaged; none of the
students will be attending for free, they will contribute what they can for trip. Our goal is for students to
come back and be better citizens and be more civic minded. Hopefully the students will get more involved
with city council, upcoming elections, Rotary Club, and Red Cross; this program will impact their lives.
Councilmember Taylor stated many of the projects they are talking about. Several times they have many
students come to council meetings and see what is going on. They can participate in any of the community
actions that go on any time of the year. If we had the money I wish we could send hundreds of them. In
the last two meetings we have taken $200 thousand dollars out of our unreserved funds, including an
additional $150 thousand got a new substitute bridge engineering firm. The City also gave $15 thousand to
the Rosemead Rebels to buy helmets for 60 to 70 youth and the helmets can be used for many years. We
have a request tonight for $15 thousand dollars to display a wood boat from the Vietnam War. We also
have a request tonight for $20 thousand for eight students to go to Washington. Councilmember Taylor
stated we have over 10,000 students in Rosemead, Garvey, San Gabriel High, and Rosemead High School
Districts. The request is to give $2,348 to each of eight students. He stated he is not against the students
going to Washington. He also stated the city needs to put a traffic signal on Rush Street and Angeles
Street for the students at that school (Rice School). That's going to be another $80 thousand. He stated
he would rather spend the $20 thousand on that signal.
Councilmember Clark asked what the income level was to have students qualify for this aid
Jim Schofield, Principal of San Gabriel High School, responded he did not have the specific amount but
that it would be under the poverty line; approximately 89% of their students are under that line. Parents
have to provide evidence that they are below a certain income level.
Mayor Pro Tern Nunez thought it was under 18 or 19 thousand dollars a year.
Councilmember Low stated it was very important for students to experience going to this trip; we have 29
million in reserve.
Councilmember Taylor asked the City Manager to clarify.
City Manager stated we have approximately 23 million on reserve; 16.3 million is our on going revenue on
an annual basis.
Councilmember. Low asked to give $20,000 to these students that can not afford the trip on their own and
stated she strongly wants to support this program.
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Mayor Pro Tern Nunez made a motion, second by Councilmember Low to appropriate $20,000 in
account number 4200.6410-Fund01 for a contribution to the Alhambra School District to help send
eight (8) disadvantaged San Gabriel High School students to the Close Up, Washington D.C. Event.
Vote resulted in:
Yes: Clark, Low, Nunez, Tran
No: Taylor
Abstain: None
Absent: None
Councilmember Taylor asked that his general statements be in the minutes regarding the amounts the city
is spending and stated this was not against any of the children being able to participate; believe there are
other appropriations that we need to fund.
2. PUBLIC HEARING - None
3. PUBLIC COMMENT FROM THE AUDIENCE
Marlene Shinen, 8447 Drayer Lane, South San Gabriel, stated she hand delivered a letter of
commendation to then City Manager Andrew Lazaretto for then City Clerk Nina Castruita; his response was
immediate and he left a detailed message on her phone on May 23, 2007. She stated Mr. Lazaretto
assured her the letter would be filed in Ms. Castruita's personnel file; believe it is important to have the
substantiated response from Ms. Castruita's supervisor in her file; therefore I am submitting a transcript and
the tape of that phone message to be filed in Ms. Castruita's personnel file.
Councilmember Taylor stated the commendation letter was submitted and filed in Ms. Castruita's personnel
file.
Steven Ly, 3040 Rosemead Place, stand before you today more humiliated than ever before by your
actions. Mr. Nunez you were hired by the citizens of Rosemead to represent us, now this working parent
needs to explain to their children the actions of their city councilman and why that is something a leader
does not do; your actions have created a hostile work environment, actions have cost over $300,000 which
could have been used to hire more police.
Mayor Pro Tern Nunez responded he has denied all along any wrong doing; people think that I did
something sexual, which I have not. Things that I have been accused of is going over there and being
friendly with people. If you thought it was sexual, what is in your mind? In my mind it was strictly friendship
and good camaraderie; in settlement she said there is no cause for any liability. It's appalling that one
person can go out there and demoralize a lot of people in the city. I have had to sit here and say nothing
because that is what my attorney advised me to do. I would of wanted to have gone to court but I didn't
have a say so on settling this; it's important to me that everyone knows that I would of loved to have this
cleared up but unfortunately this is not the way things work. Mr. Nunez stated the newspaper said that I
grabbed her and then, if you look at it, if you look at the notes. If you look at the... it says that I grabbed her
arm were those people under aoth? This was simply a monetary issue for one person; it was too close to
campaign time when this charges were made; people accusing me are from a political action group.
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Councilmember Taylor stated since Mr. Nunez claims he is innocent, he wanted to go on record and put it
in these minutes; that's a bunch of hogwash.
City Attorney Bonny Garcia stated that there should be no deliberation.
Councilmember Taylor responded City Attorney is covering up this issue and does not want you to know
about it.
i
Mayor Tran asked Mr! Taylor what he meant by saying the City Attorney was covering up.
I
Councilmember Taylor made a motion this section in the minutes verbatim. Councilmember Clark
seconded the motion.
City Attorney Garcia stated there was a motion and a second
Mayor Tran did not call for the vote. No vote was taken.
Katrina Sornoso, 3903 Earle Avenue, stated it was appalling to her the situation the city council is in. I
have stated my disappointment in Mr. Tran not following through on his statements regarding forming a
performing arts program. I was then invited or challenged by Ms. Low in perhaps participating in forming
such organization; after a meeting with Ms. Low and outing with some fellow administrator I had to really
think about what were my objectives; I cannot collaborate with people I do not respect. Mr. Nunez you can
sit there and claim your innocence but it is up to us how we feel about these allegations; a man of dignity
would never have had allegations made against him. Mr. Tran and Ms. Low are trying to protect you from
having the details come out; from what we read we are not happy.
Councilmember Low responded that she had invited Ms. Sornoso to get involved and help make our city
better and had not challenged her. I don't know what she meant by coving up this case; what have we
done to cover up in this case? What we have done is followed the laws in accordance with closed session
items.
Ms. Sornoso stated the City Attorney is here to protect the interest of Tran, Low, and Nunez; their personal
interest not the city interest.
Councilmember Taylor stated there is a report out there that made reference to Mr. Nunez's actions; we
can't get that second report. I made a motion several months ago that we get that report and we have not
gotten it.
Mayor Tran stated those were notes not a report.
Mayor Pro Tern Nunez explained it was not a report but rather her notes to make the report which Council
had received.
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Janet Chin, 3158 N. Gladys Avenue, thanked council for letting her serve in the Traffic Commission and is
glad Brian is now on commission. Commended the council for all the redevelopment, new bus stops, and
less visible graffiti; it makes Rosemead feel like a more polished community. Ms. Chin suggested there be
a youth commission created; there be more focus on after school programs, and thanked Low, Nunez and
Tran for representing Rosemead and putting it on the map. Also suggested that a performing arts center be
developed for Rosemead youth.
Jay Imperial stated it was hard to see all the problems that are being brought up. Stated he was one of
people that wrote outa statement on Mr. Nunez and he told the city at that time that if they were not happy
with those statements to call him and he would clarify; no one asked him anything.
Councilmember Taylor asked Mr. Imperial when he made that statement and if it was given to the
investigator.
Mr. Imperial stated that was correct.
Mr. Taylor responded he had never seen that report and that was part of the cover up
4. CONSENT CALENDAR
C. Authorization to Attend National League of Cities 2008 Annual Congressional City
Conference - March 8.12, 2008
National League of Cities 2008 Annual Congressional City Conference will include:
Transportation Financing and Reauthorizing; Immigration Reform; Homeownership
Finance; Municipal Water Issues; Community Development and Affordable Housing;
Telecommunications and Education Reform.
Recommendation: That the City Council authorize the attendance of any Council
Member, the City Manager, and staff designee.
D. Approval of License Agreement with the Rosemead Youth Association for the Use of
the Garvey 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. This year they are also requesting the use of
the Garvey Park Snack Bar.
They are requesting that they be allowed to operate it from February 1, 2008 through
Augustl,2008.
Recommendation: That the City Council allow the Rosemead Youth Association to
operate the Snack Bar at Garvey Park and that the Mayor be authorized to execute the
attached License Agreement.
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Regular Minutes of January 22, 2008
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G. Tom Bradley Commemorative Stamp
At its December 11, 2007 meeting, City Council approved a request from the League of
California Cities to support the issuance of a commemorative stamp of Tom Bradley.
Recommendation: That the City Council approve Resolution No. 2008-07 that supports
the issuance of a Tom Bradley commemorative stamp.
Acceptance of Virginia Street Improvements
The referenced project has been constructed in conformance with the approved plans and
specifications and is ready for acceptance of work.
Recommendation: That the City Council accept the above reference project, authorize
the recordation of Notice of Completion by the City Clerk; and authorize the release of the
10 percent retention payment 35 days after the recorded date of the Notice of Completion.
Eastbound Left Turn Signal Phase and "No U-Turn" Restriction on Mission Drive at
Encinita Avenue
On January 3, 2008, the Traffic Commission reviewed the traffic signal operation at the
intersection of Mission Drive and Encinita Avenue. At this meeting, the Commission
approved staff's recommendation that no traffic signal medications be made and that "No
U-Turn" restrictions be added for eastbound traffic on Mission Drive at Encinita Avenue.
Recommendation: That the City Council approve the Traffic Commission's
recommendation to install "No U-Turn" restrictions for eastbound traffic on Mission Drive at
Encinita Avenue.
Mayor Pro Tern Nunez made a motion, second by Councilmember Low to approve the
aforementioned consent calendar items C, D, G, H and I. Vote resulted in:
Yes: Clark, Low, Nunez, Taylor, Tran
No: None
Abstain: None
Absent: None
A. Minutes
November 20, 2007 -Special Meeting
The November 20, 2007 special meeting minutes were deferred by Councilmember Low.
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Regular Minutes of January 22, 2008
Page 6 of 17
B. Resolution No. 2008.10 Claims and Demands
Recommendation: Adopt Resolution No. 2008 -10, for payment of City expenditures in
the amount of $1,127,852.59 numbered 58964 through 59006 and 61377 through 61526.
City Manager Chi stated that Check No. 061404 for Professional Services in the amount of S18,682.50 had
been voided due to the incorrect amount; asked that the remainder of the claims be approved as submitted.
Mayor Pro Tem Nunez made a motion, second by Councilmember Low to approve Resolution No.
2008-10 Claims and Demands with the exemption of Check No. 061404. Vote resulted in:
Yes: Clark, Low, Nunez, Taylor, Tran
No: None
Abstain: None
Absent: None
E. Second Reading City of Rosemead Ordinance No. 863 - Adoption of the California
Building Standards Fire Code (Title 32 Los Angeles County Fire Code
On January 8, 2008, the City Council introduced Ordinance No. 863 regarding the Fire
Code on first reading.
Recommendation: That the City Council adopt Ordinance No. 863 on second reading.
Juan Nunez, 2702 Del Mar Avenue, spoke about Ordinance 863 and referred to last council meeting.
Stated personnel will be put under great distress by not being able to avoid those wires.
Councilmember Low made a motion, second by Mayor Pro Tem Nunez to approve Ordinance No.
863 on second reading. Vote resulted in:
Yes: Clark, Low, Nunez, Taylor, Tran
No: None
Abstain: None
Absent: None
Nisei WWII Soldiers Commemorative Stamp
The U.S. Postal Service announced that the Citizen's Stamp Advisory Committee is in the
process of formally reviewing the Nisei WWII Soldiers Commemorative Stamp proposal.
The process takes approximately three years.
The campaign for a Nisei Commemorative Stamp started over four years ago and has
received support from more than 50 California cities. City Council asked staff to draft a
resolution supporting the issuance of a commemorative postal stamp honoring Nisei WWII
Soldiers.
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Recommendation: That the City Council approve Resolution No. 2008-11 supporting the
issuance of a Nisei WWII Veterans Stamp.
Brian Lewin, 9501 E. Ralph Street, thanked council for their quick action in adopting this resolution and
recognizing the soldiers and their great sacrifice.
Mayor Pro Tern Nunez made a motion, second by Councilmember Clark to approve Resolution No.
2008.11. Vote resulted in:
Yes: Clark, Low, Nunez, Taylor, Tran
No: None
Abstain: None
Absent: None
5. MATTERS FROM CITY MANAGER & STAFF
A. Purchasing Ordinance and Policy
The Purchasing Policy is defined in the Municipal Code under Section 3.24. This section
of the code has not been updated in years and does not currently reflect many purchasing
practices and procedures that would enable staff to more efficiently and effectively perform
their duties.
Recommendation: That the City Council adopt Ordinance No. 864, Resolution No. 2008-
08, and the Purchasing Policy amending the current Purchasing System.
City Manager Chi reported to City Council that staff was presenting an updated Purchasing Policy for
consideration; code has not been updated in many years and,does not reflect many of the purchasing
practices that would enable staff to more efficiently perform their duties. Mr. Chi gave floor to Mr.
Hawkesworth.
Matt Hawkesworth, Assistant City Manager, informed Council that staff was requesting the municipal code
to be updated to take advantages of some purchasing practices, such as, piggy backing on other
competitive bids contracts through the county or the state. Also asking to update certain codes for example
the existing code to direct staff for the bidding process.
Councilmember Taylor asked that the word 'oral' be crossed out from page 8 of 30 of Purchasing
Procedure Manual, which states, "the requesting department shall obtain three oral or written competitive
quotes", so that it is consistent with our ordinance. Referred to resolution and read third paragraph,
"Whereas the alternative bidding procedures provided for under the act allow local public agencies to
perform work by force account up to $15,000"; asked if we currently have a $15,000 limit.
Mr. Hawkesworth explained the force account of $15,000 was for staff city labor; stated it allows the city to
use city staff for city projects.
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Councilmember Taylor asked if there is a clause in our purchasing contracts; asked City Manager what is
the limit for purchasing without council's approval.
City Manager Chi responded that ultimately it was zero if council does not approve the budget.
Mr. Hawkesworth clarified that the three sections of the resolutions that state the "whereas" were only
stating what was approved in Assembly Bill 1666, not what is in our code but rather what is in the State's
code; in our ordinance we chose to state lower amounts but we are stating that the state code has allowed
to go up to the $15,000 for force account.
Councilmember Taylor asked if we can set different amounts.
Mr. Hawkesworth responded it was correct and that was the reason the ordinance that will become our
municipal law stated less than $50,000.
Councilmember Taylor asked if our ordinance stated less than $50,000 what is the resolution doing in here;
felt there was an ambiguous statement.
Mayor Pro Tern Nunez stated resolution is only giving us the authority to set certain limits but we are setting
them at a lower limit and asked staff if that was correct.
Mr. Hawkesworth responded yes and the resolution only allows the city to set their purchasing code under
these certain types of projects if city hadn't instituted this resolution the city has to follow the State's
purchasing guidelines, which means that in the future staff would have to look at the city's purchasing
policy, the city's municipal code, and then depending on the contract would also have to follow the State's
laws; by passing this resolution we allow the city to set the policy for this set of contracts.
Councilmember Taylor asked why we don't change the $50,000 to $25,000 to match our ordinance
Mr. Hawkesworth responded because the State Act states $50,000.
Councilmember Clark suggested an extra whereas be added so there is no confusion to a contractor or
anybody from the public.
Mr. Hawkesworth stated he prefer to add a whereas rather than to strike out the first one.
Councilmember Taylor stated that on the last page, 3m column it read that $25,000 to $50,000 the City
Manager now has the authority for formal bids and before if it was $25,000 it had to go through a formal
bidding.
City Manager Chi responded any purchase the city makes over $25,000 under this policy would have to go
through a formal bid process.
Councilmember Taylor stated this documentation purchasing policy; if it's $5000 or below a Department
Head has authority to do it; if its $5,000 to $25,000 the City Manager has the authority to do it. Now we are
going from $25,000 to $50,000, the City Manager now has the authority to do that, whereas in a formal
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Regular Minutes of January 22, 2008
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procedure we have to go through competitive bidding process that comes back to the Council. Asked if
staff wanted to defer this, clarify it, and bring it back.
City Manager Chi asked if City Council prefer to defer this item to.add the whereas, clean up the language,
and bring it back.
Councilmember Low asked that this item be deferred to the next council meeting and asked staff to work
with Mr. Taylor and make sure all his concerns were addressed.
B. CalPERS Waiver of 960-Hour Rule for Bill Ornelas
Public Employee Retirement Law prohibits a retired annuitant from working more that 960
hours in a fiscal year unless a resolution is adopted in accordance with Government Code
Section 21221(h). Bill Ornelas, a retired CalPERS annuitant has been working for the City
for approximately seven months and is close to his hour limit. Staff is currently working on
a permanent plan for his position and the graffiti abatement/community services function,
and will be ready to move forward by July 1, 2008.
Recommendation: That the City Council adopt Resolution No. 2008-09 requesting an
employment extension per Government Code Section 21221(h).
Councilmember Taylor made a motion, second by Councilmember Clark to approve Resolution No.
2008.09. Vote resulted in:
Yes: Clark, Low, Nunez, Taylor, Tran
No: None
Abstain: None
Absent: None
C. City Council Chambers Building Modifications - Award of Contract Number P70145
As part of the City's Fiscal Year 2007-2008 Capital Improvement Budget, the City Council
approved a project to renovate the City Council Chambers. This project will include
modernization work, upgraded access for disabled persons, and improved audio visual
technical equipment. On January 14, 2008, bids were received and reviewed for the
project.
Recommendation: That the City Council:
Approve the plans and specifications for the above listed project.
Award Contract Number P70145 to CalTec Corporation, for the total bid price of
$521,000.00, and authorize the City Manager and the City Clerk to execute the
contract.
Establish an amount of $52,100.00 to cover the cost of unforeseen construction
expenses.
Rosemead City Council Meeting
Regular Minutes ofJanuary 22, 2008
Page 10 17
Juan Nunez, 2702 Del Mar Avenue, asked why the contractor was asking for another 10% of the total bid
price.
Councilmember Taylor stated it was not unusual to have a contingency fund for unforeseen things that may
have been missed or may be added through change orders.
Jim Flournoy, 8655 Landis View, stated he expected to see other Willdan projects on agenda; this building
was built before the 98 Building Code and suggested that the city take a look at it before it spent a lot of
money on it.
Councilmember Taylor explained that the city is only remodeling the chairs and the counter in the
chambers and not structurally changing anything.
Mayor Pro Tem Nunez made a motion, second by Councilmember Low to approve staff's
recommendation. Vote resulted in:
Yes: Clark, Low, Nunez, Taylor, Tran
No: None
Abstain: None
Absent: None
6. MATTERS FROM MAYOR & CITY COUNCIL
A. Personnel Handbook Distribution Verification
At our January 8, 2008 meeting, the City Council discussed the distribution of the
Personnel Handbook. After the meeting Councilmember Taylor requested copies of all the
signed forms that employees fill out upon receiving the Personnel Handbook.
Recommendation: That the City Council provide direction regarding the distribution and
receipt verification of the Personnel Handbook.
Councilmember Taylor stated he had asked to see the signed signature sheets that all employees had
received, which goes into detail on what to do with sexual harassment; he read the statement that is signed
by employees when receiving the handbook. Mr. Taylor stated there was a terrible lawsuit and their
accusations were that they didn't know; I want to get it cleared up and the only way to verify that is to see
that everyone has signed that sheet. He asked City Manager Chi how many employees we have.
City Manager Chi responded it was about 150.
Councilmember Taylor read from a document that stated the City Manager would take a couple of months
to audit all documents; Mr. Taylor stated he was not looking for all documents but rather just wanted to look
at the individual sheets.
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Regular Minutes ofJanumy 22, 2008
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City Manager Chi clarified staff was currently in the process of auditing all personnel files, which would be a
process that would continue for the next several months; we have legal opinion that those documents can
not be released to the Council.
Councilmember Taylor continued reading, "the city attorney has reviewed Councilman Taylor's request and
provided recommendation that these forms are considered part of the confidential personnel file that should
not be copied or distributed", he asked when he would be able to look at them.
City Attorney Bonnie Garcia responded he didn't get to look at them and that he needed the permission of
the employee to look at anything in their personnel file.
Councilmember Taylor told City Manager to please put out a letter to staff explaining that Councilman
Taylor would like to look at the receipt of the employee handbook. He stated this was to protect them
(employees) from any possible future sexual harassment problems.
City Manager Chi explained the arrangement of the memo that would be distributed to all city employees,
asking for permission to view the receipt of the employee handbook.
Councilmember Low stated she understood Mr. Taylor's point in verifying every employee had received the
handbook but asked if it would be better to have staff go into personnel files and come back and report to
Council the percentage of compliance.
City Manager Chi responded that was the reason for writing the report; staff will be more than happy to
review and put a report together indicating how many people if any have or have not signed that form, how
many are being corrected if they have been or have not been corrected, and added staff could put all these
details into a report. The legal opinion received was that we can not actually reproduce and distribute to
the Council.
Councilmember Taylor asked if all supervisory personnel have received sexual harassment training.
City Manager Chi responded we are in the process of renewing that.
City Manager Hawkesworth added the requirement is within six months of employment or every two years;
we have a Harassment Training scheduled for February 28 through the CJPIA. As directed by the City
Manager all supervisors and all managers, regardless of the last time they attended, all managers and
supervisors will be required to take the training again.
Partnering with the Vietnamese Cultural House to Co-Host the Display of the
Freedom Boat and Appropriate $15,000.00 to Share in the Cost of the Presentation
The President of the Vietnamese Cultural House (VCH), Madalenna Lai, met with the
Mayor and staff to discuss the possibility of partnering with the City to host the display of
the Freedom Boat.
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Regular Minutes q January 22, 2008
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In 1975, many Vietnamese left their country in search of freedom, mostly by boat. One of
the Freedom Boats was preserved and given to the VCH in 2001. VCH has partnered with
many agencies during the last six years in order to display the Freedom Boat throughout
the nation.
The proposed Freedom Boat display in Rosemead would take place during the weekend of
March 15. Many dignitaries have participated in past opening ceremonies and thousands
of visitors (between 1,000 and 10,000) have come to each event to see the display.
Recommendation: That the City Council approve:
Partnering with the Vietnamese Cultural House to co-host the display of the
Freedom Boat during the weekend of March 15.
2. Appropriating $15,000.00 in account number 4200-6410-Fund01 (Community
Promotions - Miscellaneous Expenses - General Fund) for financial assistance
with the event using unreserved, undesignated, General Fund Balance and that
the Mayor Sign Resolution No. 2008-12.
Councilmember Clark stated she knew this was a worthy cause but was afraid of going down a slippery
slope regarding how many organizations the city will support. Ms. Clark asked what kind of policy we have
on this; it's nothing against this group but would like to know when we are going to stop granting money.
Councilmember Low stated she had spoken to Mr. Chi regarding this matter.
City Manager Chi responded Ms. Clark had raised a great concern; one of the projects that staff is working
on to bring back during the budget cycle is an allocation for funding community base organizations and
events.
Councilmember Clark stated she would be more comfortable if the city funded only $5,000 to this event.
Councilmember Clark made a motion, second by Councilmember Taylor to appropriate $5,000 for
financial assistance to the Vietnamese Cultural House to co-host the display of the Freedom Boat.
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 appropriate $15,000 for
financial assistance to the Vietnamese Cultural House to co-host the display of the Freedom Boat.
Vote resulted in:
Yes: Low, Nunez, Tran
No: Clark, Taylor
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Regular Minutes of January 22, 2008
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Abstain: None
Absent: None
D. Consolidated Disposal Contract Evergreen Clause (DEFER)
On December 11, 2007, the City Council approved Consolidated Services' request for a
rate increase effective January 1, 2008. While discussing this item, the Council also
reviewed other terms in the City's contract with Consolidated, including service levels and
the evergreen provision included in the agreement. After reviewing these issues, the
Council asked staff to bring back more information regarding the City's trash collection
contract at a later date.
Recommendation: That the City Council provide staff with further direction regarding the
City's refuse collection contract and collection service levels.
City Manager Chi referred back to the December 11, 2007, City Council meeting and council's direction to
staff; reviewed staff report and asked for further council's direction.
Brian Lewin, 9501 E. Ralph Street, stated it looked like council was doing what he was hoping for; would
like to see evergreen clause terminated and have it reviewed. Consolidated has had a lot of problems with
their service and we do not want to give them an evergreen contract.
City Manager Chi stated if council votes to terminate the evergreen contract that contract will still be in
place for another 5 years.
Mayor Tran explained that when this was negotiated it, was a 5 year contract with the evergreen contract
and this contract automatically renews every year. He added he supported terminating the Evergreen
clause in the contract.
Councilmember Clark stated her understanding was that in the contract there are guaranteed caps on fee
increases; if we cancel this we will no longer be under that guaranteed cap rate.
Chris Marcarello stated the second amendment approved in 1996 set a 70% split in the CPI increase and
30% is calculated based on the disposal. In that amendment there was no cap on the annual increase that
Consolidated could charge.
Mayor Pro Tern Nunez stated we actually use Los Angeles City and LARA, he thought it was a great
agreement to have but recently was informed we pay for participating; maybe if we just did some of those
things that we are supposed to be doing ourselves, maybe it will be cheaper for us to do it. Consolidated's
contract is not conducive to doing the things we are supposed to be doing.
Mayor Tran stated this termination could be used as a tool to enter negotiations with Consolidated with a
new contract.
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Mayor Tran made a motion, second by Mayor Pro Tern Nunez to terminate evergreen contract. Vote
resulted in:
Yes: Nunez, Tran
No: Clark, Low, Taylor
Abstain: None
Absent: None
Councilmember Clark made a motion, second by Councilmember Taylor to defer this item. Vote
resulted in:
Yes: Clark, Low, Taylor
No: Nunez, Tran
Abstain: None
Absent: None
Councilmember Clark stated she had concerns about the hearing for the Draft General Plan and asked if
any of the council members were informed about said meeting. Stated she had a problem with the
schedule coming out the way it did and stated the Planning Commission was not notified of this either. "We
were not asked whether this was a good day or time for us".
City Manager Chi explained it was staffs intention and goal to work for the people and the community.
Staff's goal is to get it in front of as many people as possible; we will have as many public hearings as this
council would like us to have; we will have additional study meetings that will have no actions taken,
community meetings. After we have all community meetings the information will be compiled in to a report
for Council's review. We are more than happy to take input from Council to tell us when you want more of
these meetings to take place.
Councilmember Clark stated her question was not answered and asked who was notified for the
Wednesday meeting.
City Manager Chi responded we mailed out notices to everyone who signed up in the list at the scoping
meeting that took place. Also to the people who are in our regular distribution list; in addition, we are going
to have other meetings regarding the draft general plan.
Councilmember Clark stated she would like Council to be asked if those are good times, as well as, the
Planning Commission.
Councilmember Low repeated what Ms. Clark had said regarding staff asking Council if the dates and times
were okay. Ms. Low stated she was not used to being put on a pedestal.
Councilmember Clark stated she was objecting to the procedure.
Mayor Pro Tern Nunez asked if Ms. Clark wanted to add another study session.
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Councilmember Clark stated that was not her issue but rather the procedure; she asked that in the future
this procedure not be used.
Mayor Tran directed the City Manager to notify Council in the future of any study sessions.
Councilmember Taylor stated that in the last meeting he asked City Manager Chi for copies of three
substandard properties; asked when those reports would be given to him.
City Manager Chi responded they were in the process of being compiled and indicated he would get them
this week.
Councilmember Taylor asked who sets the signal control schedule (Rosemead Boulevard)
Assistant City Manager Saeki explained the major arterials of the city are governed by is Caltrans. The
County plan says, "These signals need to be synchronized for "x' amount of time including through every
city including Rosemead". The City has the ability to change its signals, however, it contracts with the
County.
Councilmember Taylor clarified that if the City does not follow the County's regulations, the County takes
the funding away. The County sets a standard they will enforce; they will not let Rosemead synchronize five
signals in Rosemead Blvd.
Assistant City Manager Saeki stated there is language that gives cities the authority to make minor
adjustments to the synchronizations.
Councilmember Taylor directed staff to find out specifically how much variation we have, find out what the
State plan is, and do we really want to change it. On another issue, Mr. Taylor asked City Manager Chi how
many staff members had attended the employee retreat last year.
City Manager Chi responded it was about 30.
Councilmember Taylor stated this year it will be held in Palm Springs, asked what the cost for this is and
why couldn't it be local again.
City Manager Chi responded that the point of the exercise is for the group of management, a group of
fourteen, gets away from Rosemead overnight so that they can focus on nothing but on what we are doing
and what are we planning for the next year.
Councilmember Taylor asked what the cost was for the hotel rooms
City Manager Chi responded it was $149 a night.
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Regular Minutes of January 22, 2008
Page 16 of 17
7. ADJOURNMENT
The meeting adjourned at 9:16 p.m. The next regular City Council meeting is scheduled to take place on
February 12, 2008 at 7:00 p.m.
Respectfully submitted:
Gloria Molleda
CITY CLERK
Approved:
John Tran
MAYOR
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