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CC - Item 2A - Minutes 06-10-080 0 Minutes of the REGULAR CITY COUNCIL MEETING June 10, 2008 The regular meeting of the Rosemead City Council was called to order by Mayor Tran at 7:00 p.m. in the Rosemead Community Recreation center, 3936 N. Muscatel Avenue Rosemead California. FLAG SALUTE: Council Member Clark INVOCATION: Council Member Low ROLL CALL OF OFFICERS PRESENT: Council Member's Clark, Low, Taylor, Mayor Pro Tem Nunez, Mayor Tran. OFFICIALS PRESENT: City Manager Chi, City Attorney Garcia, Assistant City Manager Saeki, Assistant City Manager Hawkesworth, Director of Finance Brisco, Public Affairs Manager Flores, Director of Parks and Recreation Montgomery-Scott, Economic Development Administrator Ramirez, Deputy Public Works Officer Marcarello, and City Clerk Molleda. 1. PUBLIC COMMENT FROM THE AUDIENCE Juan Nunez - expressed concerndd regarding bus stops and traffic on east of Garvey Blvd. Jim Flournoy - spoke in regards to the Geographic Tech Report on a project on Del Mar Ave. Barbara Murphy - asked that corrections be made to her statement on the May 27, 2008 minutes. 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. 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 27, 2008. Mayor Tran opened Public Hearing at 7:10 pm. Carmen Cheng - expressed concerned that her property was not delinquent and asked that staff to look into it. Rosemead City Council Meeting Minutes of June 10, 2008 Pagel q f 9 9 0 Juan Nunez - expressed support on placing a lien on property owners who are delinquent on their past due payments. Mayor Tran closed Public Hearing at 7:18 p.m. Mayor Pro Tem Nunez made a motion, seconded by Council Member Low to approve the staff recommendation with the exception of property 3213 and 3223 Evelyn Avenue. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None 3. PRESENTATIONS A. SGV Alcohol and Other Drug Prevention and Policy Youth Council will present the City with a Certificate of Recognition for hosting alcohol-free events. Jennifer Bat - introduced members of the Policy Youth Council to the City Council. The Policy Youth Council presented the City Council with a Certificate of Recognition for their participation. 4. CONSENT CALENDAR B. Resolution No. 2008-42 Claims and Demands Recommendation: Adopt Resolution No. 2008-42, for payment of City expenditures in the amount of $1,238,647.22 numbered 59428 through 59473 and 62705 through 62788. C. Approval of Fireworks Stand Locations For your review is a list of 16 applicants who have requested a permit to sell fireworks and their stand locations that the License Department is recorrunending for approval by the Council for the year of 2008. All deposits have been received and certificates of insurance are on file. Recommendation: That the City Council approve the list of applicants and their stand locations and waive any electrical fees. D. Property Insurance The City has been using Kelly, Jiggins & Associates Insurance Brokers to obtain property and employee dishonesty insurance -for a number of years. In May, staff requested a proposal from Kelly, Jiggins & Associates for the fiscal year 2008-09. Rosemead City Council Meeting Minutes of June 10, 2008 Page 2 of 9 Their proposal was received on June 4, 2008 for the amount of $76,872 with Safeco Insurance Company. Unfortunately, they were only able to provide us with the premium amounts as Safeco has not supplied the detailed quote as of the printing of this agenda item. In order to ensure that the City is receiving the best rates from quality providers, staff also requested a quote from the California Joint Powers Insurance Authority (CJPIA). The CJP1A currently provides the City with General Liability and Workers Compensation insurance, and offers property and employee dishonesty insurance through Alliant Insurance. Their proposal was received on May 21, 2008 for the amount of $26,320. Recommendation: That the City Council approve the proposal from CJPIA in the amount of $26,320 for the 2008-09 Fiscal Year. F. Acceptance of Garvey Avenue Bridge Reconstruction 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 if the 10 percent retention payment 35 days after the recorded date of the Notice of Completion. G. Adoption of the City of Rosemead's Fiscal Year 2008-09 Appropriation Limit Article X1I113 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 pennitted to make in any given year. It also requires that annually each governmental unit calculate its Appropriations Limit and adopt it by Resolution prior to the beginning of the fiscal year under consideration. 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: Appropriation Limit for FY 2009 $35,138,500 Appropriations Subject to the Limit 13,437,269 Amount under Limit $21,701,231 Recommendation: That the City Council adopt resolution No. 2008-40 approving the fiscal year 2008-09 Appropriation Limit according to Article XIII- B (Gann Initiative) of the Constitution of the State of California. Rosemead City Council Meeting Minutes of June 10, 2004 Page 3 of 9 0 0 H. Approval of Undertaking Agreement for Parcel Map 69127 3130 Evelyn Avenue In Accordance with the Conditions of Approval for Tentative Parcel Map No. 69127 approved by the Rosemead Planning Commission on June 4, 2007, the subdivider is required to construct new driveway approaches, sewer laterals, parkway drains, catch basins and sump pumps tree prior to recordation of the final map. The undertaking agreement guarantees completion of the public improvements. Recommendation: That the City Council approve the undertaking agreement for the completion of public improvements. Mayor Pro Tem Nuiiez made a motion, seconded by Council Member Low, to approve the Consent Calendar with the exception of Items A and E. In addition, to allow the RYA to be included in the Fireworks stand list if the proper documentation is submitted at an appropriate time and allow the City , Manager to make any amendments to said list. Vote resulted in: Yes: Clark, Low, Nuftez, Taylor, Tran No: None Abstain: None Absent: None A. Minutes May 27, 2008 - Regular Meeting Mayor Pro Tem Nunez made a motion, seconded by Council Member Low to approve the minutes with the correction to Barbara Murphy's statement. Vote resulted in: Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None Absent: None E. Rosemead Employee Association M.O.U. The existing Memorandum of Understanding (MOU) between the City and the Rosemead Employee's Association (REA) expires on June 30, 2008. The City's negotiating team has been meeting the REA Board over the last several months to negotiate a new contract. The negotiation process has gone extremely well and staff is pleased to present a two year MOU that will be in effect from July 1, 2008 through June 30, 2010. Rosemead City Council Meeting Minutes of June 10. 2008 Page 4 of 9 0 0 Recommendation: That the City Council approve the MOU between the City and the REA for the period of July 1, 2008 through June 30, 2010. Mayor Pro Tem Nunez made a motion, seconded by Council Member Low to accept staffs recommendation. Vote resulted in: Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None Absent: None 5. MATTERS FROM CITY MANAGER & STAFF A. Adoption of the City of Rosemead's Fiscal Year 2008-09 Annual Operating and Capital Improvement Budget The City of Rosemead's fiscal year 2008-09 Annual Operating and Capital Improvement budget is: Total Appropriations FY 2008-09 29,362,086 Recommendation: That the Rosemead City Council adopt Resolution No. 2008- 41 approving the fiscal year 2008-09 Annual Operating and Capital Improvement Budget in the amount of $29,362,086. Jim Flournoy - stated he had attended a meeting in Montebello and commended City staff for attending. Mayor Pro Tem Nunez made a motion, seconded by Council Member Low to adopt Resolution No. 2008-41 approving the fiscal year 2008-09 Annual Operating and Capital Improvement Budget in the amount of $29,362,086. Vote resulted in: Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None Absent: None B. City Council Chambers Renovation The City Council Chambers is currently being renovated. The project is on schedule and will be completed by mid-July. Over the last month, staff has been researching different ways to improve public access to City Council meetings. One approach that should be considered is the possibility of broadcasting meetings via the World Wide Web in both an audio and video format. Rosemead City Council Meeting Minutes of June 10, 2008 Page 5 of 9 However, the ability to broadcast meetings via the internet was not part of the original bid for the for the Council Chambers project. Therefore, staff has contacted local communities who provide such services. In the course of our research, it has been determined that the vast majority of communities utilize Granicus, a northern California based company, to assist them with broadcasting meetings via the internet. Staff has contacted Granicus and requested a proposal for giving their services for the City of Rosemead. The services would include purchasing hardware and software to manage the agenda and voting system, and would also include training, maintenance and support of the system. Ultimately, this system would allow the City to broadcast any event held in the new City Council Chambers on the internet. The total cost of the Granicus system is approximately $66,600. After this initial investment, there will be an ongoing monthly maintenance fee of $1,734.13 for managing the live broadcasting of the meetings. A large portion of that monthly cost goes towards being able to provide adequate bandwidth to have the meetings accessible on the internet. A copy of the Granicus proposal is attached to this staff report for the Council's review. Recommendation: That the City Council approve the Granicus proposal and approve Resolution No. 2008-43 appropriating $87,500 from the unrestricted general fund balance to pay for the services. Juan Nunez - spoke against the expenditure of having the Council meetings broadcast. David Beran - explained how the City of Monterey Park broadcasts their Council meetings. Brian Lewin - spoke in support of the Council meetings being broadcast. Council Member Clark made a motion, seconded by Council Member Low to approve Resolution No. 2008-43. Vote resulted in: Yes: Clark, Low, Nunez, Tran No: None Abstain: Taylor Absent: None C. Rosemead Park Trails Enhancement Project On February 12, 2008, Mayor Tran asked staff to develop a cost estimate and scope of work for the possible addition of a recreational trail at Rosemead Park. Due to the high recreational use at the park, a trail would benefit nearby schools, the surrounding neighborhood, and the general public. In addition, staff researched the cost of adding stationary exercise equipment thereby creating a Rosemead City Council Meeting Minutes of June 10, 2008 Page 6 of 9 0 0 "fitness trail," as is common with many park trails. Attached is a conceptual design and specifications for the development of a recreational fitness trail at Rosemead Park. Recommendation: Staff recommends that the City Council provide further direction on the potential development of a recreational trail at Rosemead Park. Council Member Clark made a substitute motion, seconded by Council Member Taylor to have staff go back and review the trail design. Vote resulted in: Yes: Clark, Taylor No: Low, Nufiez, Tran Abstain: None Absent: None Council Member Low made a motion, seconded by Mayor Pro Tern Nunez to approve staffs recommendation on the Rosemead Park trail design. Vote resulted in: Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None Absent: None 6. MATTERS FROM MAYOR & CITY COUNCIL A. COMMISSION APPOINTMENTS Planning Commissioner Larry Bevington recently resigned from the Planning Commission effective May 21, 2008. In addition, Traffic Commissioner Joan Hunter is nearing the end of her term, which is set to expire on July 6, 2008. Based on these developments, the Planning Commission and the Traffic Commission will each have one vacant seat that needs to be filled. Recommendation: That the City Council provide additional direction as it relates to filling the Planning Commission and Traffic Commission vacancies. The City Council directed staff to advertise both vacant seats on the Planning and Traffic Commissions and set a time to conduct interviews. B. Term Limit Direction On April 8, 2008, Council Member Low requested that staff gather information regarding the potential of implementing a mechanism which would limit the Rosemead City Council Meeting Minutes of June 10, 2008 Page 7 of 9 0 0 number of terms an individual could serve as a member of the Rosemead City Council. Later, on April 22, 2008, the City Council was presented with a staff report outlining some of the options available when considering the implementation of term limits in Rosemead. At that meeting, members of the City Council also discussed the option of implementing term limits through the adoption of a City Charter. Recently, Council Member Low requested that the City Council consider implementing term limits in Rosemead through the adoption of a City Charter at the upcoming election on November 4, 2008. Among the considerations that Council Member Low has offered in regards to term limits include the provision that no person shall be allowed to be a candidate for election to the office of city council member after having been elected to the office for three consecutive four- year terms. After that point in time, any individual could run for office again after sitting out one election cycle. Recommendation: That the City Council provide further direction regarding this matter. Brian Lewin - spoke in support of implementing term limits. Mayor Pro Tern Nunez made a motion, seconded by Council Member Low to have staff move forward with the necessary steps to prepare a measure relating to term limits and including the adoption of a City Charter to be place in a ballot for the November 4, 2008 election. Vote resulted in: Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None Absent: None C. Discussion Regarding Wal-Mart Issues Mayor Tran has requested that the City Council engage in a discussion regarding the transfonner and the noise issue at the Wal-Mart facility. Jim Flournoy - spoke in regards to a condition of approval that Wal-Mart is not following. Marlene Shinen - expressed concern regarding Wal-Mart invading the privacy of their neighboring residents. Brian Lewin - suggested that staff contact Edison about liabilities that the transformers may cause. Rosemead City Council Meeting Minutes of June 10, 2008 Page 8 of 9 0 0 The City Council recessed to Closed Session at 9:37 p.m. CLOSED SESSION The City Council will recess to a Closed Session pursuant to: 1) Government Code 54956.9(a Conference with Legal Counsel - Existing Litigation Name of Case: Flournoy v. City oj'Rosemead 2) Government Code Section 54957.6: Regarding Labor Relations The City Council reconvened back to Open Session at 10:09 p.m. and Mayor Tran stated there was no reportable action taken in closed session. Mayor Tran made an announcement stating that Council Member Clark had made a request to cancel the next City Council meeting and her request was being honored. 8. ADJOURNMENT The meeting adjourned at 10:10 pm. The next regular City Council meeting is scheduled to take place on July 8, 2008 at 7:00 p.m. John Tran, Mayor ATTEST: Gloria Molleda City Clerk Rosemead City Council Meeting Minutes gfJune 10, 2008 Page 9 q f 9