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CC - Item 3B - Minutes 04-24-07• • MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL April 24, 2007 The regular meeting of the Rosemead City Council was called to order by Mayor Tran at 8:00 p.m. in the Council Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead, California. The pledge to the flag was led by Mayor Pro Tern Nunez. The invocation was delivered by Pastor Jonathan Wu of Evergreen Baptist Church. ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Low, Taylor, Mayor Pro Tern Nunez and Mayor Tran 1. PRESENTATIONS A. Award of Appreciation - Retirement of Commissioner Robert Breen after 16 years of service on the Planning Commission. (May 1991 - April 2007) Mayor Tran presented a plaque of recognition to former Planning Commissioner Robert Breen for his service to the City of Rosemead. Each councilmember thanked Mr. Breen for his service to the City. B. Los Angeles County Fire Department - 2006 Statistical Report. Assistant Fire Chief Johnny Jee, gave a fire statistical report on the City of Rosemead. 2. PUBLIC COMMENT FROM THE AUDIENCE Jim Flournoy, residing at 8655 Landis View Lane, requested that an item regarding Garvey Bridge be placed on the next meeting. Juan Nunez, residing at 2762 Del Mar Ave., advised Mayor Tran on the misuse of funds and services. Sergio Nava, residing at 232 E. Emerson Ave., Monterey Park, introduced members of the Rosemead Youth association and asked council for monetary support. Ron Gay, residing at 4106 Encinita Ave., seeks support for Rosemead Youth Association. Jerry Faustinos, residing at 8415 E. Yarrow Street, South San Gabriel, seeks support for the Rosemead Youth Association and requested that the item be brought back to the next meeting. Barbara Murphy, residing at 9125 Bentel St., commented on drug problems and ongoing graffiti problems in her neighborhood. Rosemead City Council Minutes: 4-24-07 Page I of 10 • • Ted Salino, residing at11720 Capri Drive, past resident who works in Rosemead, has faith that the new Majority will follow through on campaign promises. 3. PUBLIC HEARINGS A. Public Hearing Regarding Proposed CDBG and Home Action Plan for Fiscal Year 2007-08. The City of Rosemead is a federal entitlement grant recipient of Community Development Block Grant (CDBG) and HOME funds from the U.S, Department of Housing and Urban Development (HUD). Per HUD, the City is required to hold two public hearings regarding the proposed funding plans prior to the adoption of its Annual Action Plan that specifies the use of the funds. This is the initial hearing. Recommendation: That the City Council conduct a public hearing and receive comments regarding the uses of the City's CDBG and HOME allocations for the Fiscal Year 2007-08. Holly Knapp, residing at 8367 E. Whitmore St., expressed appreciation of support through CDBG funding. Asked for support from Council for the postal office food drive (People for People). Ed Jones, residing at 9632 Steel St., acknowledged Council support for the the Dinsmoor Heritage House roofing project. He further asked for support for their termite problem and wood rot. Juan Nunez, residing at 2762 Del Mar Ave., does not support affordable housing. Councilmember Clark spoke against a portion of CDBG plan that proposes five new employees if it means sacrificing the existing benefit program for long standing employees. Councilmember Low indicated that the benefits were not on the agenda and the focus should be on new structure to give residents more services. Councilmember Taylor stated that new cost compared to current costs will increase 68%. Mayor Tran clarified that four out of the nine positions were paid through the general fund which shifted to the Community Development Block Grant. City Manager Lazzaretto stated that the majority of these funds are used by contract services. The recommendation was that these contract services be provided in-house and that Community Development prepare a presentation for the City Council meeting on May 8th, 2007. 4. CONSENT CALENDAR A. Resolution No. 2007-14 Claims and Demands Rosemead City Council Minutes: 4-24-07 Page 2 of 10 • • Recommendation: Adopt Resolution No. 2007-14, for payment of City expenditures in the amount of $705,316.50 demands 56834 through 56963. C. Approval Of Tract Map No. 61523 - 8930 Mission Drive Tract Map No. 61523 is being submitted for consideration and approval along with an Undertaking Agreement to guarantee construction of public improvements subsequent to the recordation of the tract map. Recommendation: That the City Council: 1. Approve Tract Map No. 61523; 2. Approve the Undertaking Agreement; and 3. Direct the City Clerk to arrange for the recordation of the map. D. Approval Of Undertaking Agreement for Parcel Map 62018 4214-4220 Bartlett Avenue In accordance with the Conditions of Approval for Tentative Parcel Map No. 62018 approved by the Rosemead Planning Commission on August 21, 2006, the subdivider is required to construct new sewer laterals, driveways, sidewalk and a parkway drain, and plant a parkway tree prior to recordation of the final map. The undertaking agreement guarantees completion of the sewer laterals, driveways, sidewalk, and parkway drain and parkway tree. Recommendation: That the City Council approve the undertaking agreement for the completion of public improvements. Approval Of Undertaking Agreement For Parcel Map 62076 3253 War Avenue in accordance with the Conditions of Approval for Tentative Parcel Map No. 62076 approved by the Rosemead Planning Commission on November 18, 2006, the subdivider is required to construct a new sewer lateral, driveway and sidewalk prior to recordation of the final map. The undertaking agreement guarantees completion of the sewer lateral, driveway, and sidewalk. Recommendation: That the City Council approve the undertaking agreement for the completion of public improvements. Approval Of Plans And Specifications and Authorization To Seek Bids For Asphalt Concrete Overlay on Various City Streets Plans and specifications have been prepared for the resurfacing of various City streets. City Council will consider the approval of the plans and specifications and authorization to advertise for bids. Rosemead City Council Minutes: 4-24-07 Page 3 of 10 0 0 Recommendation: That the City Council approve the plans and specifications for the resurfacing of various City streets and authorize advertisement for bids by the City Clerk. Bank Signature Cards The City of Rosemead requires several different bank accounts to efficiently operate its financial matters. Authorized signers on the City's bank accounts include all Councilmembers; City Clerk; City Manager; Assistant City Manager and Chief Financial Officer. Banks require new signature cards to be completed upon any changes in the list of authorized signers. Recommendation: That the City Council authorize Chief Financial Officer, Lisa Pedote be named as a signer on the various City of Rosemead Bank Accounts, replacing the name of the former Chief Financial Officer. Electing to Receive Redevelopment Pass Through Payments Health and Safety Code Section 33607.5 (b) allows for taxing agencies to receive a portion of any pass through payments generated by project areas amended after January 1, 1994. Project Area No.1 in the City of Rosemead was amended in January 2002, at which point in time the Community Development Commission became responsible for passing through 25% of the growth in tax increment beginning FY 2003-04 to all affected taxing agencies including the City of Rosemead. This means that the City, as a taxing agency, is eligible to receive a portion of the 25% pass through of tax increment growth. Based on FY 06-07 tax increment revenues, the City is eligible to receive around $50,000. Recommendation: That the City Council adopt City Council Resolution No. 2007-13 electing to receive payments pursuant to Health and Safety Code Section 33607.5 (b). Mayor Pro Tern Nunez made a motion to pass items A, C, D, E, F, H and I; second by Councilmember Low. Votes resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Absent: None Abstain: None Award of Bid for the Installation of Basketball Court Lights at Rosemead Park The City Council authorized staff to solicit bids for the installation of lights at the outdoor Basketball Courts at Rosemead Park. Bids were received and opened on Thursday, March 27, 2007. Rosemead City Council Minutes. 4-14-07 Page 4 of 10 • • David Ortiz, residing at: 8408 Mission Drive, is concerned with the lighting schedule for the safety of the children. Will there be supervision? Michael Burbank, Parks and recreation director, gave status on lighting plans and assures that supervision is provided. Recommendation: That the City Council award the bid to the low bidder, QRS Lighting. Mayor Pro Tern Nunez made the motion; second by Councilmember Clark. Vote resulted in: Yes: Clark, Low, Taylor, Mayor Pro Tern Nunez, Mayor Tran No: None Absent: None Abstain: None G. Authorization to Seek Proposals for Audit Services The California Government Code requires that an independent audit of the City of Rosemead's records, books, and inventories be conducted and a report issued thereon. The City's current auditor McGladrey & Pullen has performed the audit for over 20 years. The current contract ended after audit services for fiscal year ending June 30, 2006. The services provided by the independent auditor are to support the City's reporting function as well as to provide ongoing technical support when necessary. The contracting of a new independent auditor will facilitate the successful completion of the City's objectives. Recommendation: That the City Council authorize the City Manager to seek proposals to contract with a new public accounting firm to perform the annual audits of the financial statements of the City of Rosemead, the Rosemead Community Development Commission, and the Rosemead Housing Development Corporation. In addition, the accounting firm will also perform the audit to satisfy the requirement imposed by the Single Audit Act and the U.S. Office of Management and Budget (OMB Circular A-133). Councilmember Taylor would like to see comparisons on current cost Mayor Pro Tern Nunez made a motion; second by Councilmember Low. Vote resulted in: Yes: Low, Nunez, Taylor, Tran No: Clark Absent: None Abstain: None Rosemead City Council Minutes: 4-24-07 Page 5 of 10 0 0 City Council Meeting Time Change Recently, members of the City Council have requested that the meeting time for both Community Development Commission and City Council meetings be altered. It has been proposed that Community Development Commission meetings begin at 6:00 p.m. and that City Council meetings begin at 7:00 p.m. Recommendation: That the City Council waive further reading and introduce Ordinance No. 852, changing the start time for Community Development Commission meetings to 6:00 p.m. and the start time for City Council meetings to 7:00 p.m. Councilmember Taylor feels that the time change conflicts with residents coming home from work and that the employees will not have time for dinner in between. Councilmember Clark agreed with Councilmember Taylor's opposition to the time change Todd Kunioka supports the earlier meeting time. City Manager Lazzaretto feels that eating schedules could be accommodated for employees. Juan Nunez believes that people who work may be inconvenienced with their schedules. Councilmember Clark agreed with Councilmember Taylor opposing change in meeting time. Mayor Pro Tern Nunez made a motion; second by Councilmember Low. Vote resulted in: Yes: Low, Nunez, Tran No: Clark, Taylor Absent: None Abstain: None K. Legislative Positions - SB 266, SB 964, SB 303, SB 286 Recently, we have received requests from the League of California Cities (League) to take official positions on several pieces of legislation. Those measures include the following: SB 266 (Steinberg) - Vehicle Forfeiture Bill Summary SB 266 is being sponsored by the League. If approved, the measure will provide local governments with an additional tool to combat illegal street racing by allowing vehicle forfeiture for those engaging in such an activity. League Position Support Rosemead City Council Minutes: 4-24-07 Page 6 of 10 SB 964 (Romero) - Local Agencies Bill Summary SB 964 is a measure that proposes to make changes to the Brown Act. If approved, the measure would prohibit staff members - including the City Manager and the City Attorney - from having serial communications with any member of the City Council. League Position Oppose SB 303 (Ducheny) - Local Land Use Bill Summary SB 303 is legislation that would make major modifications to land use practices in California. The measure mirrors last year's SB 1800, a piece of legislation that was also opposed by the League. League Position Oppose SB 286 (Lowenthal & Dutton) - Transportation Bonds. Implementation. Bill Summary SB 286 is a measure which includes a League-drafted formula for the accelerated distribution of $2 billion in local street and road funds contained in Proposition 1 B for cities and counties. League Position Support Recommendation: That the City Council take the following action: • Support SB 266 (Steinberg) • Oppose SB 964 (Romero) ■ Oppose SB 303 (Ducheny) ■ Support SB 286 (Lowenthal & Dutton) Jim Flournoy would like to see SB 964 supported. Todd Kunioka is in favor of supporting SB 964. City Manager Lazzaretto clarified that the bill would not allow staff members, including the City Manager and City attorney, from speaking to the Council beforehand on any issue. The only effective form of communication would be at a Council meeting. Rosemead City Council Minutes: 4-24-07 Page 7 of 10 Councilmember Taylor spoke regarding the issue concerning a bond sale for the City. Two possible solutions were given to the Council by the Bond Company and were introduced as Option 1 and Option 2. Option 2 was recommended over Option 1. Under Option 1, savings would be $5,112,997.00. Under Option 2, savings would be $3,967,858.00. The extra million dollars would go back over to the interest column paid to the bond holders. One week before the bond was to be negotiated or sold, Councilmember Taylor called for a Special Meeting with his right as the serving Mayor at that time. Mayor Taylor expressed concern over the proposal that was recommended to the City. His reasoning for the Special Meeting was to discuss where the extra million dollars would end up going. Under the proposed Romero Bill (SB 964), Mayor Taylor's objections and communications to this million dollar loss would not be allowed to be communicated with the other Councilmembers. SB 964 would not allow for an explanation to the possible problem nor the ability to call the Special Meeting. Councilmember Taylor opposes SB 964. Councilmember Clark verbally supported three of the bills except for SB 964 as written. Mayor Pro Tem Nunez made a motion; second by Councilmember Taylor. Vote resulted in: Yes: Low, Nunez, Taylor, Tran No: None Absent: None Abstain: Clark 5. MATTERS FROM MAYOR & CITY COUNCIL A. Mayor's Committee Appointments for 2007-2008 League of California Cities: Delegate: Clark Alternate: Nunez California Contract Cities Assn. Delegate: Nunez Alternate: Clark League of Ca Cities Legislative Delegate Program Delegate: Nunez Alternate: Clark So. California JPIA Delegate: Nunez Alternate: Taylor Coalition for Practical Regulation. Delegate: Clark Rosemead City Council Minutes: 4-24-07 Page 8 of 10 • Alternate: Nunez WSGV Planning Committee Delegate: Low Alternate: Nunez City Selection Committee Delegate: Nunez Alternate: Low So. California Assn. of Govt. Delegate: Clark Alternate: Nunez LA Area Integrated Waste Management Authority. Delegate: Clark Alternate: Tran Upper SGV Water District. Delegate: Nunez Alternate: Clark Oversight Committee Delegate: Low Alternate: Nunez SGV Mosquito & Vector Control District. Delegate: Bob Bruesch Alternate: (None) • Councilmember Taylor made a motion; second by Mayor Pro Tern Nunez to accept the appointments of Delegates and Alternates to their respective committees. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Absent: None Abstain: None Councilmember Taylor requested to know why his Agenda Item requests were not placed on Agenda. The included: Claims and demands procedures; employee retirement program; procedure for lawsuits and forms; item placement on the Agenda. Councilmember Taylor read a letter regarding the issue. City Manager Lazzaretto responded that consideration was given to his request but decided against. City Attorney reminded the Council that this is supposed to be a brief emphasis discussion. 6. MATTERS FROM CITY MANAGER & STAFF Rosemead City Council Minutes: 4-24-07 Page 9 of 10 0 • Casa Latina - Status Update (Scheduled for City Council Meeting May 8, 2007) Logs are to be brought back for the May 8th, 2007 meeting 7. ADJOURNMENT The City Council adjourned in Memory of the Families and Victims of the Virginia Tech Incident. The meeting adjourned at 10:05 pm to Friday, April 27, 2007 for the purpose of conducting a team building and goal setting meeting scheduled for 8:00 a.m. at the Doubletree Inn, Rosemead. Respectfully submitted: APPROVED: Nina Castruita CITY CLERK John Tran MAYOR Rosemead City Council Minutes: 4-24-07 Page 10 of 10