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CC - Item 6A - Minutes 12-16-08Minutes of the REGULAR CITY COUNCIL MEETING December 16, 2008 The regular meeting of the Rosemead City Council was called to order by Mayor Tran at 7:00 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. FLAG SALUTE: Council Member Low INVOCATION: Council Member Taylor ROLL CALL OF OFFICERS PRESENT: Council Member's Clark, Low, Taylor, Mayor Pro Tern Nunez, Mayor Tran. I OFFICIALS PRESENT: City Manager Chi, City Attorney Garcia, Assistant City Manager Saeki, Assistant City Manager Hawkesworth, Director of Finance Brisco, Director of Parks and Recreation Montgomery-Scott, Economic Development Administrator Ramirez, Deputy Public Works Officer Marcarello, and City Clerk Molleda. PRESENTATION - Rosemead High School Principal Larry Calliham - stated he was very couch Matt Kofler. of the football team and introduced their Matt Kofler - stated he was of the classroom. Mr. Kofler Rosemead. very effort the team had given them in and out proud to have represented the City of The Mayor called a short recess at 7:13 p.m. and reconvened at 7:16 p.m. The Mayor announced that Item 5B would be moved up for discussion because there were students that were going to speak on the item and had to go to school the next moming. B. M. Janet Chin Youth Foundation Funding Request Recently, the M. Janet Chin Youth Foundation submitted for City Council consideration a funding request to assist with the development of a youth engagement project here in the City of Rosemead. The proposal request seeks a City contribution in the amount of $57,000 to develop what the Foundation has termed, Operation Civic Pride Service Learning Program, an initiative that seeks to accomplish the following objectives: Rosemead City Council Meeting ITEM NO. Minutes of December 16, 2008 Page I of 19 • Establish of a legitimate voice for Rosemead youth. • Creation of a youth advisory board. • Help youth in decision making. • Mentoring. Based on current funding restraints and existing City efforts in the realm of youth programming, staff does not believe it to be prudent to grant this request at this time. Recommendation: That the City Council deny the funding request by the M. Janet Chin Foundation. Janet Chin - addressed the City Council and reviewed the program and stated that if there were any questions she was available to answer them. She also introduced a few of the students who are involved in the Janet Chin Foundation. Michael Wong - spoke in support of the foundation and asked the City Council for their support. He stated he had previously participated in a Washington D.C, trip the City had funded and stated his achievements since his return from that trip. Patty Santos - spoke in support of the foundation and asked the City Council for their support. She added the project was not only run by Janet Chin but also by the youth advisory board. Tony Hong - spoke in supt explained how the program Amanda Lee - spoke in Stated there was not mu Janet Added Mayor Pro Tem N to the Janet Chin ?nberry - spoke in Foundation. foundation and asked the City Council for their support. He environmental awareness to the community. foundation and asked the City Council for their support. J the youth in the City of Rosemead. of the program and stated he served in the board of the the City should not fund one organization when there are many in need. Id help the youth find outside funding for the program. a motion, seconded by Council Member Low, to donate $25,000 . Vote resulted in: Yes: Low, Nunez, Tran No: Taylor Abstain: Clark Absent: None Rosemead City Council Meeting Minutes of December 16, 2008 Page 2 of 19 1. PUBLIC HEARING A. Municipal Code Amendment 08-01- A Request to Amend Zoning Ordinance Section 17.56.050(8), Light Manufacturing and Industrial, Permitted Uses, to Allow Live Poultry Slaughtering and Processing with our Without Retail Sales as a Permitted Use Mr. Quan Phu, owner of the Cal Poultry slaughtering and retail facility located at 8932 Garvey Avenue, has submitted an application requesting a municipal code amendment to allow poultry slaughtering and processing, with or without retail sales, as a permitted use in the Light Manufacturing and Industrial (M-1) zone. Recommendation: That the City Council approve the Negative Declaration and adopt Ordinance No. 868, modifying the zoning code with respect to permitted uses in the M-1 (Light Manufacturing and Industrial) zone, thereby approving Municipal Code Amendment 08-01. Mayor Tran opened the Public Hearing at 8:04 p.m. Jean Hall - spoke against the approval of the code amendment. She expressed concerns in having this project approved and having other businesses come in to the City and doing the same. Marlene Shinen - spoke against the approval of the code amendment. She added that if Council approved this project they would be ignoring the people's complaints. Velia Navarro - Good evening Mayor and ah Council people, my name is Velia Navarro and I live at 2239 N. Angelus Avenue and um, I hope that all I have to say will be in the minutes verbatim. Mr. Tran, ah, Mayor Tran I have a questioned for you. Are you re-zoning the ah, area that Marlene was talking about on Garvey 8932 where they are having the ah this poultry slaughter and uh all Mayor Tran responded that it was on the agenda as an action item. Ms. Navarro continued - ok, uh can I ask, I'm going to ask you another question. Is this beneficial for the residents that live close by that are going to be infective by the feces, the blood, and all the run off of the poultry slaughtery? Mayor Tran responded that this property had been there since 1991 and explained further how this item had come to the City Council for review. Ms. Navarro continued - Okay so how long have you've been in office. Mayor Tran responded about three and a half years. Rosemead City Council Meeting Minutes of December 16, 2008 Page 3 of 19 Ms. Navarro continued - and you have been aware of this, okay what happened twenty years ago or a decade ago, and you are aware of this for three and a half years and you feel the filtration and everything that is going to be put in this building is going to uh be a solution to the problem, polluting the environment, causing young children uh that are run down the street on their skateboards or, or on their bikes, tricycles or whatever that they will not be infected, you can guarantee that? Mayor Tran responded that this was an opportunity to fix the problem and if not then the City will have the tool to shut them down. Ms. Navarro continued - ok, I'm gonna keep your word to that because ah, when you were running for office there was a lot of promises and promises that the three of you had made and um, I haven't seen to many or heard to many or seen too many of the changes. All I see that is going on is that uh, like Marlene had mentioned you know about the virus avian, ah to this day to my understanding, correct me if I'm wrong, there isn't a cure for it. So how, would you live next door to that place or close by to that place and let your children ride their bikes down that street? You, Polly...I don't know how old your children are, ah, ah, ah Councilmen Nunez, I don't know if you have grandchildren but would you allow them to be in that type of environment. I sure don't want my grandchildren to be around there if they are going to be contaminated by some deathly illness ah, ah, because of birds, you know. And, and it should be really looked at more than just the filtration, it should be looked at in saving the community of Rosemead not trying to pollute and destroy our young children, even the elderly. You know, I I'm getting older, I don't want to walk down there and run the risk of getting ill. And um, that is a life threaten disease in which I think you should really consider and really monitor under a fine microscope and uh, I don't know, you know what brought that upon and I'm glad I know about that now but uh, um, you have a big influence a lot of people and I know that for a fact and I don't want to go into detail or anything but you're beginning to be, uh, it seems to me that uh, you like empowerment, and I don't like to feel that I'm being empowered by anyone individual that works for the City and I think that our concern should be your concern because you are representing our community that we voted you in, you know you live and learn, did I make a mistake by doing what I did, I don't know. I'll see if you can rectify all the mistakes that have been occurring and uh, I'll come back at the next meeting and maybe there will be some kind of better answer that you can give me than by saying maybe the filtration. I don't want a maybe I want a positive. Are our children and grandchildren going to be safe from the avian disease, which is life threating? And another thing.... Mayor Tran asked if she could be brought during public comment to speak on her remaining issues because this portion was only for the public hearing. Ms. Navarro - okay, that's fine, if you keep your word to it, I'll wait. Brian Lewin - stated he had mixed feelings about this project. Stated that if this project was approved he would ask that staff keep a very close eye on Cal Poultry and make sure they keep up with the regulations. Rosemead City Council Meeting Minutes of December 16, 2008 Page 4of19 Steven Ly - spoke against the approval of the code amendment. He stated this business has always been a problem and asked that this project be brought back to Council after all the regulations are being met by Cal Poultry. Sandra Armenta - stated she was concern on how some of the Council Member's votes would be cast. She stated that anyone who had received contributions from this business or anyone affiliated with this business should refrain from voting on this issue given that she felt it was a conflict of interest. There being no other speakers on the Public Hearing, Mayor Tran closed the public hearing at 8:31 p.m. Mayor Pro Tern Nunez made a motion, seconded by Council Member Low, to approve the Negative Declaration and adopt Ordinance No. 868, modifying the zoning code with respect to permitted uses in the M-1 (Light Manufacturing and Industrial) zone, thereby approving Municipal Code Amendment 08-01. Vote resulted in: Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None Absent: None 2. PUBLIC COMMENT FROM THE AUDIENCE Marlene Shinen - addressed Council regarding the CPRA submitted by her to the City on October 14, 2008 requesting a copy of the final settlement agreement between Wal-Mart and Save Our Community. Velia Navarro - Ok ah, I would like to see a dated copy because I, I, I'm a or was, I don't know how to say it, was part of SOC. So if there was a settlement of $400 thousand I haven't even received a Lincoln penny come towards me and I would like to see a dated copy and I think everyone would like to see a copy. Okay well Marlene covered everything...... Mayor Tran asked if maybe staff could receive a copy from the court where this agreement was settled. Attorney Bonifacio Garcia responded (inaudible). Ms. Navarro continued - buying a deposition from the attorney who handled this case. Mayor Tran responded that the attorney hung up on the City Manager's when he tried to reach him. Ms. Navarro continued - well maybe you can give your City Manager a directive to keep pursuing till you are blue in the face...I don't think you have reach that point yet. I said maybe if you give a directive to your city manager to pursue this issue until you're blue in the face and there is no other Rosemead City Council Meeting Minutes of December 16, 2008 Page 5 q f 19 end to the rainbow, I said, maybe we can come up with something. There are many, many, shades of blues and I don't think it has reached that capacity. Okay so Marlene covered everything you've heard my point on that issue and I'm concerned even if they don't toss me a Lincoln penny. Okay, let me take one thing at a time ...okay now the next thing. Okay I was shocked; I don't get home till ten, eleven o'clock at night and I don't go the way where I live I just go the opposite way which is closer ...well anyway let me get to the point about the massage parlor. It's located at 2236 South Gate ah South San Gabriel Boulevard in the City of Rosemead, right on the corner of Angelus, no San Gabriel and Klingerman...there is a dentist office, don't ask me about north, south, cause I get confuse. I'm not saying it is and I'm not saying its not, it can possibly become more than just a message parlor it can become ah intimate massage parlor, which that parlor is like maybe five six blocks from Rice Elementary School okay, and children walk through there. And that would be in my opinion a place for pedophiles, possibly they can hang out there and that would put the children of our community in danger. I want to know why they were giving ah, ah, ah, business license... generally speaking these massage parlors, like I said, end up being intimate massages. Which it can turn into prostitution, Garvey at one, ah Rosemead at one time had prostitutes walking on Garvey and San Gabriel Boulevard, are we going to see that again? And you know this is uh, I mean how closely do you check businesses that you give license to, to make sure they are legitimate and how often to do they get checked? City Manager Chi responded it is annually. Assistant City Manager Saeki added that he would personally check on this location. Ms. Navarro continued - it is right next door to the dentist office, there is no way...... it's a massage parlor, I don't know if its in Chinese, Vietnamese, or Korean writing, its not in English but there is a parlor. Mayor Pro Tern Nunez asked if it was an acupuncture place. Ms. Navarro responded - no its not, I mean they might be acupuncturing but I don't know what kind of puncturing. Assistant City Manager Saeki assured Ms. Navarro the City would investigate that location. Ms. Navarro continued - it just blossomed from one day to the next, that that, I don't know how long it has been there cause I haven't gone through that part of the street till that one day that I did, my eyes opened up this wide, I said you know what's wrong with the city of Rosemead, you know. Mayor Tran responded it could have been recent because Council had put through two year moratorium that had been lifted. Rosemead City Council Meeting Minutes of December 16, 2008 Page 6 of 19 Council Member Taylor asked what her third issue was. Ms. Navarro responded - oh no that that was it because Marlene covered about the Wal-Mart, oh, oh I see, okay I see what you are talking about, the next issue. No but you can assure me again that you will look into thoroughly. Mayor Tran responded yes. Ms. Navarro continued - and consider the children of the community... how they can be endangered so that ...you know this really upset me, it really, really has me upset ...and as you know I don't want to stereotype but usually these parlors end up for sexual activity prostitution for whoever male or female, I can't just blame the male there's are a lot of crazy women that walk through there too okay any how I would appreciate it if you would inform me.... the next meeting, when's the next meeting? Assistant City Manager Saeki responded he would contact her tomorrow and inform her. Ms. Navarro continued - okay the next thing is um... I'm going to speak to Mr. Oliver the City Manager, okay. How you can help me, get rid of all this pollution that we are getting with the bird feathers, I want to live till I'm a hundred to come and agitate the council...okay the next thing. Ah, the...what I'm really concern about is the twenty bucks you are charging for the CDs, it may sound petty but it's a lot of money.... Council Member Taylor asked Ms. Navarro to clarify. Ms. Navarro responded - for the minutes for the minutes.... Council Member Taylor responded that it was only five dollars. City Manager Chi responded it was five dollars just like it has always been. Ms. Navarro responded - Oh, I was told it was twenty dollars. Its five dollars? Okay, then I apologize, I won't pick on you tonight....um, but any how I hope everything that is said in the City Council is verbatim on the CD like it had been in the past...ah, with the computerized papers that we would go in and buy.... But um, anyhow, ah, there is one more thing I'll say before I am finished. Across from the dentist on the corner, I guess it would be going north, I'm thinking about the mountains. There's been a business there and I have brought it to the Council's attention, I'm not sure that I had brought it to your attention. It is very shady, you know, you see people go in and out at night, and, and everything goes on lockdown...what kind of business is it? Its says um, first it said something about real estate, it said construction, I don't have the address I forgot to get it but I would like to see what kind of business is across the street from the dentist. Where, I mean it's in lockdown, like if you were in prison. You can't even look in, one day the door was open and I was walking buy with my grandchildren and I went like that and boom the door was slammed. Rosemead City Council Meeting Minutes of December 16, 2008 Page 7 of 19 Mayor Tran asked if it was on San Gabriel Ms. Navarro continued - on San Gabriel Boulevard its facing San Gabriel Boulevard in the corner of Klingerman, its facing the dentist office. Council Member Taylor asked that they get the address so that no one goes to the wrong building. Ms. Navarro stated - I'll get the address, I'll call in tomorrow.... Mayor Tran asked that she have the address available and give it to Mr. Saeki. Ms. Navarro continued - I certainly will, cause that has been really bothering me, that makes me think that something is going on and quite a few years back when the business started whatever kind of business, I saw a gentlemen with I don't know what kind of gun but the barrel was this about this long at about ten o'clock at night, pocking it out and I looked again and said well maybe it's a sheriff but I've never seen a sheriff with a gun this long, the barrel this long, okay. So I couldn't give you a date or time but that's what I say and that worries me cause I live in that area and there are a lot of children in the area. Audience Member - gave the address to the location. Mr. Saeki asked if it was across the street. Ms. Navarro responded - no not across the street, across the street from the dentist on the same comer, Klingerman and San Gabriel. So anyhow, thank you everyone I appreciate your help. 3. CONSENT C. Resolution No. 2008-83 Claims and Demands Recommendation: Adopt Resolution No. 2008-83, for payment of City expenditures in the amount of $962,122.31 numbered 60023 through 60076 and 64575 through 64691. D. California Contract Cities Association - Legislative Orientation Tour The 2009 Annual Sacramento Legislation Orientation Tour will be held on January 12-14, 2009 in Sacramento, CA. Recommendation: That the City Council authorize any Council Member, the City Manager, and staff designee to attend the event at City's expense. E. League of California Cities 2009 Mayors and Council Members Academy The League of Califomia Cities 2009 New Mayors and Council Members Academy will be held on January 21-23, 2009 in Sacramento, CA. Rosemead City Council Meeting Minutes or December 16, 2008 Page 8 of 19 Recommendation: That the City Council authorize any Council Member, the City Manager, and staff designee to attend the event at City's expense. F. Authorization to Attend National League of Cities 2009 Annual Congressional City Conference The National League of Cities 2009 Annual Congressional City Conference will be held on March 14-18, 2009 in Washington, DC. Recommendation: That the City Council authorize any Council Member, the City Manager, and staff designee to attend the event at City's expense. G. Radar Speed Survey - Second Reading and Adoption of an Ordinance Update the Speed Limit Zones in the City of Rosemead At its November 18, 2008 meeting, the City Council introduced an ordinance that updates the speed limit zones Citywide. The California Vehicle Code requires that the City conduct a radar speed survey analysis every seven years in order to allow the use of radar in speed enforcement of local streets. For state-owned highways the City must complete the analysis every ten years for speed limits to be enforceable. Recommendation: That the City Council adopt Ordinance 869 on Second Reading. H. Resolution Reciting the Fact of the Special Municipal Election held November 4, 2008 and Declaring the Results as Required by Law On December 9, 2008, the City Clerk's office received the final official statement of votes cast and the Certificate of the Canvass of the election returns for Measure CC from the County of Los Angeles, Election Department. The final tally for that election came to 3845 votes yes, and 6399 votes no. Resolution No. 2008-84 which declarers the official results of the election for Measure CC, is submitted to City Council for approval. Recommendation: That the City Council adopt and approve Resolution No. 2008- 84. Mission Drivellvar Avenue Visibility and Sidewalk Concerns The Traffic Commission reviewed a request to add street markings, a flashing beacon, in-road warning lights, and a crossing guard at the intersection of Mission Drive and Ivar Avenue. After visiting the site, staff recommended that the existing street marking be updated and that red curbing be added on the north side of Mission Drive to help improve visibility concerns. Staff also found that existing Rosemead City Council Meeting Minutes of December 16 2008 Page 9 of 19 conditions do not warrant the implementation of additional traffic control devices at this location. Based on these observations, the Traffic Commission approved staffs recommendation to update street markings, add red curbing, and deny the request to add new traffic control devices. Recommendation: That the City Council approve the Traffic Commission's recommendation and authorize staff to take necessary steps to implement traffic safety enhancements at Mission Drive and Ivar Avenue. K. CaIPERS Waiver of 960-Hour Rule for Don Anderson Public Employee Retirement Law prohibits a retired annuitant from working more than 960 hours in a fiscal year unless a resolution is adopted in accordance with Government Code Section 21224(h). Don Anderson, a retired CalPERS annuitant has been working for the City for approximately two years and is close to his hour limit for the current fiscal year. Staff is currently working on a permanent plan for his position, and will be ready to move forward by July 1, 2009. Recommendation: That the City Council adopt Resolution No. 2008-79 requesting an employment extension per Government Code Section 21221(h). N. Biennial Review and Code The Political Reform Act (Cal. Gov't Code 81000 et seq.) controls conflicts of interests of public officials through disclosure of financial interests and prohibitions on participation in the making of decisions in which the official knows or has reason to know he or she has a financial interest. Pursuant to Government Code 87300 and 87306, each city is required to have a conflict-of-interest code. Pursuant to Government Code section 87302, this code is required to designate employees who must disclose certain investments, income, interests in real property, and business positions, and who must disqualify themselves from making or participating in the making of governmental decisions affecting those interests. According to Government Code section 87306 and 87306.5, this code must be reviewed every two years and amended when circumstances change, such as when new positions are created or duties of existing positions change. The code must be consistent with the minimum requirements of the Political Reform Act. RMC § 2.24.020 sets forth the current designated positions and disclosure categories set forth in the code. The current biennial review of the City's conflict- of-interest code reveals that certain changes need to be made as a result of the addition of new job titles, the deletion of certain old job titles, and changes in the job duties and descriptions. As a result staff is recommending that the RMC § 2.24.020 be amended to incorporate the updated "designated positions" that are required to file FPPC Form 700 Statement of Economic Interests together with updated disclosure categories. Rosemead City Council Meeting Minutes of December 16, 2008 Page 10 of 19 Recommendation: That the City Council introduce for first reading Ordinance No. 870 amending Rosemead Municipal Code 2.24.020 which updates the designated positions and disclosure categories required by Government Code Sections 87300 and 87302. Mayor Pro Tern John Nunez made a motion, seconded by Council Member Polly Low, to approve Consent Calendar with the exception of Items A, B, J, L, and M. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None A. Minutes October 14, 2008 - Regular Meeting Mayor Pro Tern John Nunez made a motion, seconded by Council Member Polly Low, to approve the Minutes of October 14, 2008. Vote resulted in: Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None Absent: None A. Minutes November 18, 2008 - Adjourned Meeting Mayor Pro Tern John Nunez made a motion, seconded by Council Member Polly Low, to approve the Minutes of November 18, 2008. Vote resulted in: Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None Absent: None B. Resolution No. 2008-80 Claims and Demands Recommendation: Adopt Resolution No. 2008-80, for payment of City expenditures in the amount of $1,542,961.16 numbered 59982 through 60022 and 64415 through 64574. Mayor Pro Tem John Nunez made a motion, seconded by Council Member Polly Low, to approve Resolution No. 2008-80. Vote resulted in: Rosemead City Council Meeting Minutes of December 16, 2008 Page 11 of 19 Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None Absent: None J. Approval of Specification and Authorization to Solicit Proposals for Citywide Parks, Facilities, and Public Right-of-Way Landscape Maintenance Services The City of Rosemead currently uses outside contractual services to perform landscape maintenance at its parks, facilities, roadway medians, and parkways. Services performed by contract landscape maintenance crews include turf mowing, turf edging, blowing, turf aeration, weed eradication, pest control, and general cleanup. These services are critical to ensure that the City's public landscaped areas are maintained contract with Mariposa Horticultural Enterprises expired in June 2007 and the City has continues to work with mariposa on a month-to-month. Recommendation: That the City Council approve the specifications for landscape maintenance services and authorize staff to solicit proposals from qualified landscape maintenance firms. Mayor Pro Tern John Nunez made a motion, seconded by Council Member Polly Low, to approve the specifications for landscape maintenance services and authorize staff to solicit proposals from qualified landscape maintenance firms. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None L. Housing Element Request Proposal On November 18, 2008, the City Council authorized staff to issue a Request for Proposal (RFP) to seek a qualified professional consultant to update the City's Housing Element in accordance with State Law. The State of California requires that all cities prepare and adopt a Housing Element every five years (Government Code section 65580-65589.8). The Housing Element must include identification and analysis of existing and projected housing needs, resources and constraints to address these needs, overall housing goals and policies, and scheduled programs for the maintenance, improvement and development of housing for all economic segments of the community. The Rosemead Housing Element was last prepared and approved by the State in June 2002 and must now be updated and resubmitted to the State for their review and consideration. Rosemead City Council Meeting Minutes of December 16, 2008 Page 12 of 19 Recommendation: That the City Council enter into a professional services agreement with GRC Associates, Inc. in the amount of $44,260 for the development of an updated Housing Element in accordance with State Law. Mayor Pro Tern John Nunez made a motion, seconded by Council Member Polly Low, to enter into a professional services agreement with GRC Associates, Inc. in the amount of $44,260 for the development of an updated Housing Element in accordance with State Law. Vote resulted in: Yes: Low, Nunez, Taylor, Tran No: Clark Abstain: None Absent: None M. Transfer $90,000 Appropriation for Janitorial Service from the General Services Department to the Parks & Facilities Maintenance Department From time to time it is necessary to make minor revisions to the budget. Accordingly, the accompanying budget amendment will transfer $90,000 for Janitorial Services which was originally budgeted in the General Services Department to the Parks & Facility Maintenance Department Recommendation: That the City Council approve Resolution No. 2008-81 which will amend the FY 2008-09 budqet as detailed on the resolution. Mayor Pro Tern John Nunez made a motion, seconded by Council Member Polly Low, to approve Resolution No. 2008-81. Vote resulted in: Low, Nunez, Taylor, Tran Absent: 4. MATTERS FROM CITY MANAGER & STAFF A. Quarterly Interim Financial Update Historically it has been a common practice with many jurisdictions to provide governing bodies with financial statement information only once or twice per year. As new audit standards require greater financial awareness on the part of governing bodies, the issuance of unaudited interim summary financial reports provides a means of communicating that information. Additionally, before the new audit standards were issued, the city management work plan included issuing quarterly financial reports so the City Council and the public would have increased City financial familiarity. Rosemead City Council Meeting Minutes of December 16, 2008 Page 13 of 19 It is with the team's work plans and new audit requirements in mind that the first quarter FY 2008-09 Quarterly Interim Financial Update report is being issued. The report is unaudited and does not include the extensive accounting accruals and adjustments that are included in audited financial statements. However, the report provides a summarized look at the City's finances for the first quarter of FY 2008- 09 and is expected to be valuable for assessing the City's overall financial condition. Recommendation: That the City Council receive and file the Quarterly Interim Financial Update report. No action was taken, report was received and filed. B. Award of Contract- Parks, Recreation, and General Facilities Master Plan At its regular meeting on October 14, 2008, City Council approved the issuance of a Request for Proposals for a Parks, Recreation, and General Facilities Master Plan. The completed Master Plan will include an inventory and assessment of all existing facilities & programs, and will also include recommendations for renovation, expansion, an( 15 years. It will include should increase grant & goals & strategies for the overview of the financial Edison Transmission currently working with ent to meet community needs over the next ;ommunity input in planning for the future, ig opportunities, and will establish specific ent of facilities and programs, including an h which to achieve them. The proposed a trail system along the Southern California een withdrawn from the project as staff is use rights for available parcels. Requests for Proposals (RFP) were solicited, with responses received from six (6) firms. Staff reviewed the proposals for completeness, relevant experience, understanding of the scope of work, qualifications of the project team, proposed work schedule, and cost effectiveness. Four firms were invited to participate in interviews with the following results: MIG, Inc. $101,625 PROS Consulting, LLC $113,330 Lawrence R. Moss & Associates $128,000 Mia Lehrer & Associates* $105,675 *Estimate excluded costs for general facilities evaluation. Rosemead City Council Meeting Minutes of December 16, 2008 Page 14 of'19 MIG, Inc. was ranked the highest. They submitted the most comprehensive proposal that met the City's timelines and project requirements. They have completed Master Plans for 120 cities of varying size and demographics. References were checked and their performance was deemed better than satisfactory. Their proposal was also the most cost effective. MIG's estimate for the Master Plan slightly exceeds the City's budgeted amount of $100,000 for this activity. Further, it is prudent to include a contingency in the event additional services are requested (extra surveys or interviews, GIS mapping, asset management plan, etc.). Therefore, an additional allocation of $15,000 is needed to cover fees in excess of the budgeted amount, which includes a contingency of approximately 14%. Recommendation: That the City Council award the contract to MIG, Inc., and authorize the City Manager and the City Clerk to execute the contract. Further, staff recommends that City Council authorize Budget Resolution 2008-82 to transfer $15,000 from the undesignated Genera Fund balance to cover remaining project process. Mayor Pro Tern John Nunez made a motion, seconded by Council Member Polly Low, to award the contract to MIG, Inc., and authorize the City Manager and the City Clerk to execute the contract. Further, staff recommends that City Council authorize Budget Resolution 2008-82 to transfer $15,000 from the undesignated Genera Fund balance to cover remaining project process. Vote resulted in: Yes: Low, Nunez, Tran No: Clark Abstain: Taylor Absent: None C. Proposed Changes to Park/Sports Facility Use Policies and Fees City of Rosemead parks, pools, and sports facilities are in very great demand by residents, community organizations; youth sports groups, "travel" clubs/teams, policies and do not City of distinguish Rosemead between youth non- and profit, adult sports resident, and non programs. - residents users. While supervision and maintenance associated with these uses costs the City approximately $70,000 annually, we recover less than $15,000 in revenues. Thus, the City funds a significant portion of all uses. A survey of surrounding cities indicates that existing fees are much lower than those of other cities. These facilities include Rosemead Park and Pool, Garvey Park and Pool, and the schoolsCurrent, fees non-andresidents, Jess Gonzalez Sports Complex. The City of Rosemead has not reviewed the policies or fees governing these facilities since 1993. Rosemead City Council Meeting Minutes of December 16. 2008 Page 15 of 19 This item was brought forward for City Council consideration at the November 18th meeting. At that time, staff was directed to reduce the proposed fee adjustments for residents by 50% for facility rental related costs. Recommendation: That the City Council approve the proposed facility application including rules and regulations, fee schedule, and cancellation policy, and regular user responsibilities as outlined effective January 1, 2009. Council Member Polly Low made a motion, seconded by Mayor Pro Tern John Nunez, to approve the proposed facility application including rules and regulations, fee schedule, and cancellation policy, and regular user responsibilities as outlined effective January 1, 2009. Vote resulted in: Yes: Low, Nunez, Taylor Tran No: Clark Abstain: Taylor Absent: None D. Consolidated Disposal Application for Rate Increase On Wednesday, November 21, 2008, Consolidated Disposal Services (Consolidated) submitted a letter requesting a rate increase for 2009. The proposed rate increase of 7.66% for residential customers and 5.98% for commercial customers are scheduled to take effect on January 1, 2009. For 2008, the City Council approved a rate increase of 5.62% for residential customers and 5.79% for commercial customers. As the City Council will recall, Consolidated's annual rate increase is made up of 2 components with assigned weights as follows: Annual Los Angeles Region Consumer Price Index (CPI) increase - Weighted 70% Annual Gate fee/tonnage disposal fee increases - Weighted 30% Staff has verified the annual CPI increase and is currently working with Consolidated to verify appropriate tonnage/disposal increases. For 2009, the Los Angeles County Sanitation District (SANS District) will be increasing fees at Puente Hills landfill by 15.09%. Also for 2009, the SANS District will be reducing costs at the Commerce Refuse to Energy Facility by 6.56%. In reviewing Consolidated's request letter, the tonnage/disposal fee portion of the City's increase is calculated as if all of the City's residential waste is taken to the landfill. Staff estimates that approximately 75% of the City's residential waste is taken to the landfill as trash while the remaining 25% is recycled. Staff is working to verify disposal records from 2007-08 to ensure that the rate increase is based on actual disposal and recycling reports. Rosemead City Council Meeting Minutes of December 16, 2008 Page 16 q f 19 In addition to details regarding the proposed rate increase, Consolidated also forwarded a copy of the Rosemead City Council Agenda from November 14, 2006. That agenda indicates that the City Council granted the City Manager the authority to implement any annual rate increase without holding a public hearing provided that the rate increase does not exceed the formula in the Consolidated contract agreement. For reference, staff went back and pulled the minutes for the meeting where the action was taken, and it does appear that the City Council granted the City Manager such authority. This means that unless there is any objection from the City Council, staff will move forward with verifying the increases and once approved, authorize the rate increase proposed by Consolidated. Recommendation: That the City Council receive and file this report. No action was taken; the report was received and filed. E. Traffic Study at Rush Street and Angelus Avenue and Consideration of Traffic Calming Enhancements In December 2007, the Cit traffic conditions at Rush School. This issue was re the City Council for review Council directed staff to im independent engineering c a petition from local residents to evaluate kngelus Avenue, adjacent to Rice Elementary the Traffic Commission and then forwarded to r direction. On February 12, 2008, the City is markings in the area and have an induct a new traffic study at the location. Since that time, staff has made traffic marking improvements and worked with Kimley-Horn and Associates (KHA) to conduct a new traffic study for this area. Traffic and pedestrian counts were taken in May 2008 and an overview of the data is included for review. After traffic counts were taken, KHA worked with City staff and the Traffic Commission to review existing conditions and evaluate potential traffic calming enhancements for the area. After evaluating options at its October 2008 meeting, the Commission developed a recommendation to forward to the City Council for consideration, Recommendation: That the City Council review the Traffic Commission's recommendation and direct staff to implement traffic calming enhancements. Bob Bruesch - had a question on recommendation No. 2 and asked if all the trees would be taken out. Brian Lewin - stated that essentially the Traffic Commission liked the first stage but that it would be appropriate to go ahead and put in the drop off and pick up zone along the north side of Rush Street. Rosemead City Council Meeting Minutes of December 16, 2008 Page 17 of 19 Council Member Low made a motion, seconded by Mayor Pro Tern John Nunez, to accept Traffic Commission's recommendation level concept plan 2. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None 5. MATTERS FROM MAYOR & CITY COUNCIL A. Recording Procedure of Meetings and Maintenance of the Official Record The City currently records the City Council, Community Development Commission, Planning Commission, and Traffic Commission meetings utilizing the Granicus system that was installed as part of the Chamber Upgrade project. Due to an error in the Granicus system as explained at the November 18~1 Community Development Commission meeting, the recording of the October 28, 2008 Community Development Commission was lost. As a result, the City Council requested that staff develop a back-up plan to ensure that the recordings of future meetings would not be lost. Staff has also received request to provide the meeting recordings in multiple formats and would like the Council to provide direction as to what one media type will be maintained and provided in the event of a public records request. Recommendation: That the City Council adopt one method of maintaining the meeting media and the resulting public copies as requested. Marlene Shinen - stated th asked that Council go back Council Member Taylor m audio cassette the official No: None Abstain: Nunez Absent: None for the DVD's of the Council meetings was excessive and otion, seconded by Council Member Clark, to make the of the City Council meeting. Vote resulted in: Taylor, Tran C. Discussion Regarding City Attorney Bills Recently, it was requested by Council Member Taylor that an item related to City Attorney bills be placed on the City Council agenda for discussion. Recommendation: That the City Council provide staff with additional direction. Rosemead City Council Meeting Minutes of December 16, 2008 Page 18 of 19 This item was discussed earlier in the meeting, no action was taken. 6. ADJOURNMENT The City Council meeting was adjourned at 10:58 p.m. The next City Council meeting is scheduled to take place on January 13, 2009 at 7:00 p.m. John Tran Mayor ATTEST: Gloria Molleda, City Clerk Rosemead City Council Meeting Minutes of December 16, 2008 Page 19 of 19