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CC - Item 3B - Minutes 07-17-070 0 MINUTES OF THE SPECIAL MEETING ROSEMEAD CITY COUNCIL July 17, 2007 The special meeting of the Rosemead City Council was called to order by Mayor Tran at 5:55 p.m. in the Council Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead, California. The pledge to the flag was led Councilmember Clark. The invocation was delivered by Councilmember Taylor. ROLL CALL OF OFFICERS: Present: Clark, Low, Nunez, Taylor, Tran Absent: None 1. PRESENTATION 4th of July Parade & Festivities - Event Re-Cap Jean Scott, Interim Parks & Recreation Director, gave a recap of the parade and introduced staff to be recognized that helped make the festivities possible. The 41' of July Festivities had a record breaking turnout of over 12,000 people in the park as well as approximately 3,000 people supporting the parade. Pedro Castillo was thanked for his great contribution in making the parade happen as the City Liaison to the parade committee as well as serving at the park. Gates and admission cost were removed for the first time and no incidents were reported by the Sheriffs department. Eighty-eight citations were written in the entire day. The high school opened up their parking lot to help with overflow of cars needing parking. Parks & Recreation team members which made all of this possible included: John Scott, Marty Jones, Monday Reagan, Kim Borris, Jeannette Ricardo, Jerry Mota, and Temple City Sheriffs and Safety Division. The parade consisted of approximately 80-90 entries with some having multiple entries. The following parade committee members were thanked and recognized: Francis Chavez, Brian Lewin, Ted Salino, Karoline Kunioka, Bob Bruesch, Henry Low, Dr. Terry Ga, Pedro Castillo, Brian Saeki, Oliver Chi, Councilmember Polly Low and Barbara Murphy. Mayor Pro Tern Nunez thanked the Committees for their hard work and also thanked Barbara Murphy for the idea to remove the perimeter gate. Victor Ruiz was also thanked for his efforts on the committee. Councilmember Clark was not able to be present this year and looks forward to next year's effort. She also gave positive remarks regarding the removal of the fence. Rosemead City Council Minutes: 7-17-07 Page 1 of 8 • Mayor Tran recognized the following sponsors that contributed to the success of the parade: WalMart and Panda Restaurant Group. The Mayor invited Interim Community Development Director Brian Saeki to announce the remainder of the list of sponsors as he was in charge of the fund raising effort. Interim Community Development Director Saeki acknowledged the following: WalMart, Lee's Sandwiches, Panda, 888 Restaurant, Pho Pasteur, Edison and Gunderson Chevrolet. Councilmember Low thanked and congratulated all who were involved in the parade. 2. PUBLIC COMMENT FROM THE AUDIENCE Juan Nunez, 2702 Del Mar Avenue, spoke regarding the changing of City Council meeting times for special meetings and would like more notification to the public. Jim Flournoy, 8655 Landisview, spoke regarding the Brown Act Bill (Romero) and the Council's opposition to it. He asked the Council to reconsider that Bill and possibly change their vote to support it. Barbara Murphy, 9125 Bentel Avenue, thanked Council for decisions made regarding the 4th of July Festivities. Further requested support from the Council to save Savannah Cemetery by holding an Oktoberfest or some type of fundraiser. Bob Bruesch, residing at 7500 Wilmar Place, gave history regarding Savannah Pioneer Cemetery and would like it recognized as a historical site. Tracy Wa, 9127 Bentel Avenue, feels that bringing the community together for the Savannah Cemetery project would be good and would like to volunteer. Frances Chavez, 4721 Bartlett Avenue, supports a variety of events to be hosted at the Savannah Cemetery. Emma Chavez, residing at 4104 '/2 Loma Avenue, lives in close proximity to the Savannah Cemetery and supports the effort to save the cemetery. Leonor Ortega, residing at 4104'/2 Loma Avenue, would like to save the Savannah Cemetery and would be interested in volunteering in the endeavor. Ron Gay, residing at 4106 Encinita Avenue, commended the City for the 4th of July Festivities and would like to extend his support to the Save the Savannah Cemetery effort and make it a historical site. Sunday, October 28, 2007 is the targeted date for the Savannah Cemetery events as being planned. Rosemead City Council Minutes. 7-17-07 Page 2 of 6 • • Mayor Tran gave direction to staff to future agendize this item. 3. CONSENT CALENDAR A. Resolution No. 2007-25 Claims and Demands Recommendation: Adopt. Resolution No. 2007-25, for payment of City expenditures in the amount of $2,571,150.93 demands 57872 through 57958 and 57966 through 58101. Resolution No. 2007-26 Claims and Demands Recommendation: Adopt Resolution No 2007-26 for payment of City expenditures in the amount of $515,579.13 demands 57897 through 57955 and 58110 through 58150. B. Minutes May 29, 2007 - Special Meeting (with 1 minor correction) June 6, 2007 - Special Meeting June 26, 2007 - Regular Meeting C. Approval of Undertaking Agreement for Parcel Map 68512 9000 Valley Boulevard in accordance with the Conditions of Approval for Tentative Parcel Map No. 68512 approved by the Rosemead Planning Commission on February 20, 2007, the subdivider is required to construct new curb and gutter, sidewalk, driveways, curb ramps, parkway drain, roadway pavement, tree wells and irrigation system; plant parkway trees; and install survey monuments prior to recordation of the final map. The undertaking agreement guarantees completion of these public improvements. Recommendation: That the City Council approve the undertaking agreement for the completion of public improvements and accept the corner cut-off dedications for roadway purposes. D. Award of Bid for the Acquisition of a 2007 Groundmaster Riding Mower - 3280 Model or Equal for the Parks Section The City Council authorized staff to solicit bids for the acquisition of a 2007 Toro Groundmaster Riding Lawnmower 3280 model. Two were received and opened on Monday, June 25, 2007, with Turf Star, Inc. at $19,182 the low bidder which is less than the $27,500 the project was originally budgeted at. Rosemead City Council Minutes: 7-17-07 Page 3 of 8 • • Recommendation: That the City Council award the bid to the low bidder, Turf Star, Inc. E. Rosemead Community Development Commission to Function as the Rosemead Redevelopment Agency The Rosemead Community Development Commission is authorized by Government Code Section 53601, et seq., to invest its inactive funds in a variety of investment instruments, as noted in its investment policy. One of those investment instruments is the Local Agency Investment Fund (LAIF) which is managed by the State Treasurer. On February 13, 2007, the Chairman and Commission members of the Rosemead Community Development Commission approved Resolution No. 2007-03, which authorized the Executive Director, the Deputy City Manager, and the Chief Financial Officer of the Community Development Commission to make deposits and withdrawals with LAIF. The LAIF account was opened in the name of the Rosemead Redevelopment Agency (RRA) with individually named authorized signers and not in the name of the Rosemead Community Development Commission. The RRA authorized signers are no longer employed by the City of Rosemead. LAIF will not permit the authorized signers as approved in Commission Resolution No. 2007-03 to perform transactions with LAIF. Recommendation: That the City Council adopt Resolution No. 2007-24, which provides for the officers and employees of the Community Development Commission to have the same rights, powers, privileges and immunities as the Rosemead Redevelopment Agency. In addition the resolution authorizes LAIF to accept Rosemead Community Development Commission Resolution No. 2007-03. Legislative Position on SB 1020 - Oppose Senate Bill (SB) 1020 seeks to increase the waste diversion mandate imposed on local governments from 50 percent to 60 percent on or before December 21, 2012, and then to 75 percent, effective January 1, 2020. Furthermore, SB 1020 does not include any mechanism to provide local governments with additional resources to meet this goal. Recommendation: That the City Council vote to oppose SB 1020. J. Legislative Position on SIB 1028 - Support The City recently received a request from the South Coast Air Quality Management District (AQMD) to take an official position supporting Rosemead City Council Minutes: 7-17-07 Page 4 of 8 • Senate Bill (SB) 1028. If approved, this measure would call on the California Air Resources (GARB) to adopt all feasible and cost-effective measures necessary to attain federal clean air standards in all areas of the state. Recommendation: That the City Council vote to support SB 1028. Councilmember Taylor made a motion; second by Councilmember Clark to pass items A, B (except for Minutes of April 24, 2007), C, D, E, I, and J. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Absent: None Abstain: None B. Minutes April 24, 2007 - Regular Meeting (Item deferred by Councilmember Taylor to include his comments on opposing sponsoring Senator Romero's Bill.) F. Ratify Appointment of Traffic Commissioners and Planning Commissioners The City Council interviewed candidates for the Traffic Commission on May 8, 2007. Following the interviews, the Council announced the appointment of three commissioners: Holly Knapp, Ronald Gay, and Janet Chin. Interviews for the new Planning Commissioners were held on May 14, 2007. The City Council appointed five commissioners as a result of those interviews: Allan K. Vuu, Larry Bevington, Daniel Lopez, Todd Kunioka, and Truong Cam. These appointments need to be ratified in an open meeting of the City Council. Recommendation: That the City Council appoint the following three individuals to the Traffic Commission for four year terms effective May 8, 2007: Holly Knapp, Ronald Gay, and Janet Chin, and the following five individuals to the Planning Commission for four year terms effective May 14, 2007: Allan K. Vuu, Larry Bevington, Daniel Lopez, Todd Kunioka, and Truong Cam. Rosemead City Council Minutes: 7-17-07 Page 5 of 8 • • (Item deferred by Councilmember Taylor to clarify the length of terms in office that the Traffic and Planning Commissioners will hold respectively.) G. Letter Regarding Single-Family Home Design Guidelines Recently the City Council adopted new Single Family Home Design Guidelines to assist homeowners, designers, contractors, and developers with decisions regarding new construction, major additions, and exterior remodeling projects. Based on the feedback received from the City Council, staff was directed to draft a letter for distribution to the entire community regarding this new regulation. In order to finalize the mailing of a letter regarding this matter that the entire City Council agrees upon, staff has drafted a correspondence for consideration. Recommendation: That the City Council approve the draft letter regarding the new Single Family Home Design Guidelines for distribution to the entire community. Councilmember Taylor stated for the record that he is in favor of sending out the letter to residents but is not in favor of paying double postage for the two mailings. Mayor Pro Tern Nunez stated for the record that he is in favor of maximum outreach to the community and therefore voted yes to the two mailings. Mayor Pro Tern Nunez made a motion; second by Councilmember Low to pass item G. Vote resulted in: Yes: Clark, Low, Nunez, Tran No: Taylor Absent: None Abstain: None H. Rosemead Rebels Donation Request The Rosemead Rebels Youth Football Association submitted a request to the City Council on June 26th, for $20,000 in financial assistance. The City Council requested financial information from the Association and the information was submitted to the staff for analysis. A subsequent meeting between Association Representatives and staff resulted in the following recommendation. Recommendation: That the City Council provide financial assistance to the Association as follows: Rosemead City Council Minutes: 7-17-07 Page 6of8 0 0 F.Y. 07-08 $8,356 - Football Helmet Replacement F.Y. 08-09 $8,800 - Football Helmet Replacement Jonathan Silvas, Rosemead Rebels, 671 Kempton Monterey Park, shared a letter from a longtime resident in support of the Rosemead Rebels. Thanked the Council and staff for considering his group's request. He also informed the Council that the Rebels were interested in participating in volunteer work if the Council had a need for them. Mayor Pro Tern Nunez made a motion; second by Councilmember Clark to pass item H. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Absent: None Abstain: None 4. MATTERS FROM MAYOR & CITY COUNCIL 1. Councilmember Taylor addressed the City's response in the lawsuit against our City, one of our employees, and Mr. Nunez. He disagrees with said response and wants to go on record that he was shocked, appalled, and disgusted with it. He stated that the response that we are defending that lawsuit with and that what is proceeding is not what was discussed in closed session. Councilmember Taylor asked that the record show that he has never seen the report that was given back from the investigator of that incident. He stated that there was a brief discussion or summary given by the investigator of what was to be done and wanted to know if any other Councilmember had seen the report. City Attorney Garcia cautioned Councilmember Taylor that he was straying into disclosing what was discussed in a closed session. Councilmember Taylor requested a copy of the Investigator's report and summary from both City Attorney Garcia and Mayor Tran. 2. Councilmember Taylor made a request of Interim City Manager Chi that Planning Commission minutes include meeting dates and number of pages for easy reference. Councilmember Taylor feels that there is no reason to go into closed session to move the approval and discuss the Department of Justice right to extend the Consent Decree. City Attorney Garcia explained that he was seeking direction from Council on how to proceed with the Department of Justice and wanted to advise the Council of their options. Rosemead City Council Minutes: 7-17-07 Page 7 of 8 5. MATTERS FROM CITY MANAGER & STAFF The Council went into closed session at 6:45 p.m. A. Closed Session: The City Council will recess to a Closed Session pursuant to: Government Code 54956.9(a): Conference with Legal Counsel - Pending Litigation Name of Case: U. S. Department of Justice v. City of Rosemead et al. Case No. CV05-5131 The Council returned from Closed Session at 7:00 p.m. Mayor Tran announced no reportable action resulted from the closed session. Councilmember Taylor reiterated that the Department of Justice would be back in 2009 per the original agreement and did not feel that the possibility of litigation needed to be discussed. Mayor Pro Tern Nunez stated for the record that the Consent Decree did have an ending date of August 17, 2007 and that there was no actual natural continuance to the year 2009. 6. ADJOURNMENT The meeting adjourned at 7:05 p.m. in Memory of Daniel Imperial. The meeting of July 24, 2007 has been cancelled due to a lack of quorum while the City Council attends the League of California Cities Mayors and Councilmembers Executive Forum. The next regular meeting is scheduled to take place on August 14, 2007 at 7:00 pm. Respectfully submitted: Nina Castruita City Clerk APPROVED: John Tan MAYOR Rosemead City Council Minutes: 7-17-07 Page 8 of 8