CC - Item 3B - Minutes 05-08-07• •
MINUTES OF THE REGULAR MEETING
ROSEMEAD CITY COUNCIL
May 8, 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 City Hall, at 8838 E. Valley Boulevard, Rosemead, California.
The pledge to the flag was led by Councilmember Taylor and the invocation was delivered by
Councilmember Low,
ROLL CALL OF OFFICERS:
Present: Councilmembers Clark, Low, Taylor, Mayor Pro Tern Nunez and
Mayor Tran
Absent: None
1. PRESENTATIONS
A. Introduction of Rosemead Team Sergeant - Tri Hoang
Lt. Corrone Jacobs introduced the new Rosemead Team Sergeant, Tri Hoang.
City Manager Lazzaretto introduced the new parking and code enforcement uniforms by having Steve
Torres of that department display the new service uniforms.
Councilmember Clark: Commented on the postcard that was sent to Rosemead residents regarding the
fence issue and apologized for not proof reading the pink card.
Mayor Tran: Responded to Councilmember Clarks comment and shared his concern that some fences are
not structurally safe. It was stressed that the concerns of the residents are very important to the council.
Councilmember Low: Feels that it is the Council's responsibility to assure that things are correct.
3. PUBLIC HEARINGS
Mayor Tran asked the Council to move Item 3B before Public Comment.
At 8:20 p.m. the Council opened the public hearing for discussion of Item 3B.
Single-Family Residential Design Guidelines
On April 10, 2007, Planning Department staff presented proposed single-family residential
design guidelines and municipal code text amendments to the City Council for adoption
during the required public hearing. Due to several requests made for additional design
issues to consider, by both the public and members of the City Council, the public hearing
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item was continued for 30 days.
Planning Department staff has carefully reviewed and considered each of the comments
received, regarding the proposed single-family residential design guidelines and municipal
code text amendments. Revisions have been made to both the guidelines and ordinance
where staff determined appropriate. This report has been prepared to review the revisions
and address each of the issues that were raised at the City Council during the public
hearing.
Recommendation: That the City Council take the following action:
1. Adopt Ordinance 851 -Amending subsections 17.12, 17.16, 17.20, and 17.112 of the
Rosemead municipal code relating to single-family residential design standards.
2. Adopt the proposed Single-Family Residential Design Guidelines.
3. Adopt a negative declaration finding that the project will not have a significant adverse
effect on the environment.
Maggie Benitez, residing at 4105 Claudia Ave., is upset that the Council has so much trouble between
them. Concerned with fence issue and would like to see higher fences rather than lower ones due to a
recent accident on her property.
Dolly Leong, residing at 8455 Mission Drive, is concerned that if fences are cut lower they will lose their
design. Asked Council to consider grandfathering in fences that were built 20 years ago or so.
Anna Anton, residing at 9243 E. Marshall Ave., does not agree with lowering the fence height. She feels
that neighborhood kids will be able to access her property to go into her pool. She is also concerned with
crime around Marshall Ave.
Candy Guerrero, residing at 4540 N. Delta Ave., stated that fences should not be lowered nor removed.
Holly Knapp (presenting on behalf of Nancy Eng), 8367 E. Whitmore Street, read a letter relating to the
fence issue. Lowering of existing fences is not effective towards safety, trespassing and theft.
Ray Gastelum, residing at 9146 Bentel Street, is opposed to the 3 foot height requirement being proposed.
Judy Redline, residing at 9619 Olney Street, spoke on behalf of two family members who feel that children
will be less safe if fences are lowered. Suggested that Council focus on other important issues in the city.
Dean Wiednich, residing at 4808 Bartle Ave., questioned the Council's motive behind making residents
change their fences.
Paul Lee, residing at 4846 Willard Ave., disagrees with fences being lowered or taken down.
Olga Sandoval, residing at 3459 Battle Ave., attributed vandalism and theft on her property to not having a
fence in place. She now has a fence in place and is upset of possibly having to lower or remove said
fence.
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Marlene Wheelis, residing at 3733 Brookline Ave., has lived in Rosemead for 48 years and believes that
residents have a right to have a fence on their property.
Rose Vilarini, residing at 3332 Prospect Ave., installed the fence on her property to keep potential crime
from happening on her property and indicates that she will not lower nor take her fence off.
Yvonne Tang, residing at 7847 Dorothy Street, has recently fixed her house and she does not want to
change her fence again.
Ron Esquivel, residing at 8722 Loftus Drive, asked Council to clarify the actual meaning of the Single-
Family Residential Design Guidelines on the Agenda.
Mayor Tran: Indicated that some of the guidelines were being amended and not necessarily the 3-foot
height fence.
Councilmember Clark: Hopes that Council will accept the changes that she highlighted on three
documents including keeping the 4-foot fence requirement.
Mayor Tran: Shared that the Planning Commission did accept recommendations but made some changes
and brought to Council for deliberation and to make a decision.
Ron Esquivel: Feels that a 3-foot fence is inadequate.
Christopher Solis, residing at 4416 Doubonnet Ave., feels that homes with pets should be allowed to have
high fences for the safety of all.
Ken Pike, residing at 8400 Grand Ave., believes that fences reduce harm of property and children.
Jose Arana, residing at 9025 Marshall Street, claims that a vehicle and a pet were stolen from his property
because he had no fence. He recently added one and feels it would be expensive to alter the new fence.
Brian Lewin, residing at 9501 E. Ralph Street, encouraged residents to attend future Council meetings to
express their opinions. Spoke on other issues addressed in item 3B Single Family Residential Design
Guidelines.
Jim Clouet, residing at 3719 Ivar Ave., stated that Rosemead residents work hard for their homes and feel
safe by fencing their property. Change ordinances in the General Plan instead of doing so tonight.
Victor Ruiz, residing at 9703 Olney Street, feels that the applicable ordinance is incorrect and Council
should give it a more detailed review before voting on it.
Todd Kunioka, residing at 8400 Wells Street, asked that the rest of the targeted ordinances not be
forgotten. He feels that taking out the fence portion of the ordinance may be a good idea as other aspects
of the ordinance are beneficial to the City.
Barbara Murphy, residing at 9125 Bentel Ave., understands the concerns about the fence issue. Asked
why residents feel the need to fence their property.
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Councilmember Low: Asked for clarification for the resident's sake on what the guideline says regarding
fences.
Planning Manager Johnson: Explained that non-conforming codes allow non-conforming buildings to
maintain as is and not have to change when City codes change.
Audience Member: Asked if a fence was erected 15 years ago without a permit would that be permitted?
Planning Manager Johnson: Indicated that current code is 4 feet and that fences would not be affected.
Councilmember Low: Reiterated that the claim of residents replacing their fences at their own expense is
incorrect.
Planning Manager Johnson: Verified that Councilmember Low was correct.
Councilmember Low: Asked about older fences needing repair. Would the fence be repaired back to its
original height of 4 feet and would it be grandfathered in?
Planning Manager Johnson: Stated that if a fence is pre-existing non conforming it could be rebuilt back
to its original height as long as it is not over 4 feet.
Councilmember Clark: Asked Planning Manager Johnson the difference between grandfathered in and
non-conforming.
Councilmember Low and Councilmember Clark comment over each other.
Councilmember Taylor: Asked why fencing was put in the ordinance.
Planning Manager Johnson: Stated that it applies to the general requirement section in the municipal
code.
Councilmember Taylor: Asked about residents having to register with the City Clerk within six months for
non-conforming fences and the ramifications if they did not.
Planning Manager Johnson: Indicated that there are provisions that address a removal in three years if
not registered.
Mayor Tran: Asked Council to change verbiage to say 48 inches.
Councilmember Taylor: Asked about the requirement for a site plan and whether there would be charges
on site plan fees.
Planning Manager Johnson: Replied that there is not a fee.
Mayor Pro Tern Nunez: Wanted clarification as to what the residents were allowed to do in the future.
Mayor Tran: Asked for a motion to change all the design guidelines in fencing to 48 inches and that a
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fence permit is required with no fee.
Councilmember Low made a motion to accept the changes on the design guidelines regarding
fencing; second by Mayor Pro Tern Nunez. Votes resulted in:
Yes: Clark, Low, Nunez, Taylor, Tran
No: None
Absent: None
Abstain: None
The Council recessed Public Hearing Item 3B at 10:15 p.m. per Mayor Tran's request in order to take under
consideration Consent Calendar Item 4-J, Rosemead Youth Association Funding Request.
4. CONSENT CALENDAR
Rosemead Youth Association Funding Request
The Rosemead Youth Association (RYA) is a local youth sports league founded in 1952 to
provide a venue for kids to play baseball and softball. On April 24, 2007, representatives
from the RYA requested that the City Council assist their organization financially for the
2007-2008 season by contributing $15,000 to help cover operating expenses. In addition,
the RYA previously had formalized their funding request by submitting a proposal to the
City in writing.
To assist the City Council in their consideration of this funding request, staff has also
requested that RYA make available financial information for review. Unfortunately, it
appears that RYA does not have any historical data on hand, however, the organization
has been very cooperative in providing to the City their current year operating budget,
including expense report information for the current fiscal year. Furthermore, the RYA has
committed to providing the City Council with a financial update at the end of their season.
Recommendation: That the City Council approve the funding request from the RYA by
appropriating $15,000 from unallocated General Fund reserves.
Sergio Nava, residing at 232 E. Emerson Ave., thanked the Council for supporting the Rosemead Youth
Association.
Councilmember Taylor made a motion to approve funding; second, by Councilmember Clark. Votes
resulted in:
Yes: Clark, Low, Nunez, Taylor, Tran
No: None
Absent: None
Abstain: None
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Mayor Taylor clarified for the public that the Council had recessed Public Hearing Item 3B and would now
take Public Comments from the Audience - Item 2.
2. PUBLIC COMMENT FROM THE AUDIENCE
Juan Nunez, spoke regarding the NAFTA Super Highway and recommends that the Council implement a
container fee on trucks.
Steven LY, residing at 3040 Rosemead Place, spoke against Councilmember Clark's removal from current
commissions and further commented on the treatment of staff by Council as per an accounting of a
newspaper article.
Jay Imperial inquired as to the status of his being removed from City Hall.
City Manager Lazzaretto responded by thanking Mr. Imperial for his service to the City but explained that
the back of City Hall is not a public area.
Robert Miranda: Alleges that Mayor Pro Tern Nunez has a history of sexual harassment.
City Attorney Garcia: Reminds Mr. Miranda that Public Comment is for commenting on matters not on the
Agenda but still within the Council's jurisdiction and not for making allegations.
Wendy Arellano, residing at 9736 E. Valley, No. 36, asked the Council for assistance regarding a broken
gas line at their trailer park which has gone unresolved for one week. The Park has had no warm water or
gas.
Council asked Deputy City Manager Chi to follow up with the Gas Company.
Ted Salino, residing at 11720 Capri Drive in Whittier and is affiliated with the Garvey School District,
commented on Mr. Miranda's comments and gave a summation regarding Mr. Miranda's past.
City Attorney Garcia again reminded the public that Public Comment needs to focus on City issues and that
allegations about Councilmembers were not allowed.
Ron Esquiviel, thanked City Council for CDBG funding support for the Rosemead School District.
Michael Drange, residing at 8765 Ralph Street, requested a crossing guard on Garvey and Jackson.
Paul Chambers, residing at 3658 N. Chariette, complained about barking dogs and the lack of results from
the Sheriffs Department and the Baldwin Park Humane Society.
Councilmember Taylor: Asked Mr. Chambers about what the Courts had said on the issue.
Deputy City Manager Chi is to be given the paper trail to date by Mr. Chambers for staff follow-up regarding
this issue. It was shared that the Public Safety Center may be handling this type of problem in the future.
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Marlene Shinen, residing at 8447 Drayer Lane, So. San Gabriel, questioned Councilmember Clark
regarding articles in the newspaper. She proceeded by reading the article.
Ron Gay, residing at 4106 Encinitas Ave., Added to Mr. Sergio Nava's comment and thanked the Council
for donating $15,000.00 to the Rosemead Youth Association.
Mayor Tran announced the newly appointed Traffic Commissioners: Janet Chin, Ron Gay and Holly Knapp.
3. PUBLIC HEARINGS
Mayor Tran asked the Council to take Item 3A at this time,
A. Public Hearing Regarding Adoption of the 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 prepare an Annual Action Plan to describe the projects
and programs that would be undertaken in a particular funding year. In addition, 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 uses of the funds. This is the second Public Hearing.
The proposed budget for FY 2007-08 is $1,964,378 for CDBG and $3,359,558 for HOME funds.
Recommendation: That the City Council take the following actions regarding the funding plans of
FY 2007-08 CDBG and HOME funds:
1. Conduct a public hearing and receive public comments;
2. Award the following public service agencies with CDBG funds:
a. Family Counseling Services for $40,000,
b, People for People for $27,600,
c. Rosemead High School for $13,650, and
d. Rosemead School District for $11,698;
3. Adopt the proposed Action Plan for Fiscal Year 2007-08, and direct staff to submit the Plan to
HUD by May 17, 2007; and
4. Authorize the Mayor to execute all appropriate and necessary documents to receive funding
and implement approved uses.
CDBG a Home Funds presentation explaining in detailed how the proposed CDBG and HOME
Action Plan will work if funded by the City of Rosemead.
Public Hearing closed at 11:20 p.m. and re-opened 11:21 p.m. for public comment.
Juan Nunez: Had questions regarding Item 3A-1
Councilmember Taylor: Believes that money should be distributed equally to programs in the City.
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Public Hearing Closed at 11:25 p.m.
Councilmember Clark made a substitute motion to bifurcate CDBG Funding and how the funding is
administered. Substitute motion dies for lack of a second.
Mayor Pro Tern Nunez made a motion to approve item 3A; second by Councilmember Low. Vote
resulted in:
Yes: Low, Nunez, Tran
No: Clark, Taylor
Absent: None
Abstain: None.
Re-open at 11:28 p.m. to defer to next meeting.
Councilmember Taylor made a motion to defer the remainder of Item 3B (Single-Family Residential
Design Guidelines) to the next meeting; second by Councilmember Clark. Vote resulted in:
Yes: Clark, Low, Nunez, Taylor, Tran
No: None
Absent: None
Abstain: None
4. CONSENT CALENDAR
A. Resolution No. 2007.15 Claims and Demands
Recommendation: Adopt Resolution No. 2007-15, for payment of City expenditures in
the amount of $1,900,867.22 demands 56965 through 57146.
City Attorney Contract Agreement
On April 3, 2007, the City Council hired Bonifacio "Bonny" Garcia of Garcia, Calderon, and
Ruiz (GCR) to serve as Rosemead's City Attorney. Included with that action was direction
that staff negotiate a retainer agreement with the law firm to serve in the capacity of legal
council for the City. Based on that direction, staff has received a revised contract
agreement from GCR to perform legal counsel services for Rosemead which includes
retainer based compensation plan.
Under the proposed contract, the City would compensate GCR with a monthly retainer of
$10,000 for the attendance of an attorney at two regular City Council meetings per month,
the attendance of an attorney at two regular Planning Commission meetings per month,
and six hours a week of attorney office hours. In addition, for any basic legal services not
included in the monthly retainer, GCR would be compensated, including travel time, at the
hourly rate of $210/hour for partners and associates, $150/hour for law clerks, and
$125/hour for paralegals.
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Recommendation: That the City Council approve the proposed agreement for City
Attorney services with GCR.
D. Award of Contract for Lead-Based Paint and Asbestos Testing and Risk Assessment
Services
The City is required to conduct lead-based paint and asbestos testing, assessment and
clearances as required by the U.S. Department of Housing and Urban Development (HUD)
and the State of California on properties participating in the City's Residential
Rehabilitation and Mortgage Assistance Programs. The new contract period is for a
maximum of three years, beginning July 1, 2007. The current contract for these services
will expire on June 30, 2007.
Recommendation: That the City Council take the following actions:
1. Accept and award the proposal from Barr & Clark, Inc.;
2. Approve the proposed contract with Barr & Clark; and
3. Authorize the Mayor to execute the contract on behalf of the City.
Award of Contract for Senior Nutrition Meals Provider
Over the past three (3) years, the City has contracted with Morrison Management
Specialists, Inc. (MMS) to provide meals for the Senior Nutrition Program. As part of its
procurement requirements under the Community Development Block Grant (CDBG)
program, the City went out for proposals from organizations to provide meal services to the
City. The City received only one (1) proposal. That proposal was from MMS. MMS is
proposing to provide meals at a fixed price of $2.85 per meal for FY 2007-2008 and in
subsequent years for an increase set by the percentage increase in the Consumer Price
Index (CPI), not to exceed 4% per year.
Recommendation: That the City Council take the following actions:
1. Accept and award the proposal from Morrison Management Specialists, Inc.;
2. Approve the proposed contract with Morrison Management Specialists, Inc.; and
Authorize the Mayor to execute the contract on behalf of the City.
G. Approval of Contract with Mayer Hoffman McCann, P.C. for Fiscal Year 2007
The Califomia 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 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 current
contract with McGladrey & Pullen ended after audit services for fiscal year ending June 30,
2006 were completed. The City spent $89,100 for audit services performed by McGladrey
& Pullen for fiscal year 2006.
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On April 24, 2007 the City Council authorized 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). City staff
requested proposals from five well established, full service independent accounting firms
with municipality specialization including McGladrey & Pullen.
Each firm was evaluated based on the competitive selection process, in which the
evaluation of proposals was not limited to price alone. Audit service proposal pricing
ranged from $44,610 to $73,300, with only $390 separating the two lowest bids. Each firm
demonstrated strong technical experience auditing similar entities, performing the types of
work outlined, and the ability to provide ongoing technical support when necessary.
However, a critical factor in the overall rating was the firms' commitment to the internal
control review process and ongoing consultative support. The proposal of $45,000 from
Mayer Hoffman McCann, not only addressed their reporting of internal control matters of
significant deficiency or material weakness by letter to the City Council, but also included
the preparation of a letter to City management with other recommendations from their
review of internal control procedures. City staff views this benefit as significant due to
numerous staff and operational changes throughout the City which may have a direct
impact on internal controls. The proposal also included a provision for additional client
training at their annual client training conference. Further, the proposal reiterated that the
firm's policy is to provide unlimited telephone consultations to their municipal clients
regarding accounting and other technical matters. The selection of Mayer Hoffman
McCann will result in a $28,300 cost savings in audit service fees.
Recommendation: That the City Council authorize the Mayor to execute a contract with
the public accounting firm of Mayer Hoffman McCann, P.C. 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 for the amount of
$45,000.
Councilmember Taylor made a motion to approve items A, B, D, E, and G; second by Mayor Pro
Tern Nunez: Vote resulted in:
Yes: Clark, Low, Nunez, Taylor, Tran
No: None
Absent: None
Abstain: None
Review and Approval of Contract with Rosemead Housing Development Corporation
for Implementation of Certain Home Funded Programs
The City is required to commit its HOME funds for particular affordable housing activities
within 24 months after HUD's appropriation of the entitlement allocation. To comply with
this requirement, staff recommends that the City commit $2,281,175 of HOME funds by
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contracting with the Rosemead Housing Development Corporation (RHDC) to administer
certain HOME funded programs.
Recommendation: That the City Council take the following actions:
1. Approve a contract with the Rosemead Housing Development Corporation for the
implementation of:
• Residential Rehabilitation Program - $200,000
• Mortgage Assistance Program - $150,000
• Garvey Housing Revitalization Project - $1,959,456 and
• Tenant-Based Rental Assistance (TBRA) Program - $511,719 and
2. Authorize the Mayor to execute the contract on behalf of the City.
Mayor Pro Tern Nunez made a motion to approve item C; second by Councilmember Low. Vote
resulted in:
Yes: Low, Nunez, Tran
No: Clark, Taylor
Absent: None
Abstain: None
iDC Financial Reporting System Upgrade
The City has stretched the life of its current financial reporting system with iDC for as long
as possible. The current system is archaic, difficult to use, and provides very limited
functionality. The upgrade of the existing system to iDC's 4gov version will properly
support the reporting needs of the City. Currently, the City pays $1,500 per month to iDC
for existing system maintenance and technology support.
In opting for the hosted model solution, the 4gov upgrade is available to the City for a
monthly subscription fee of $3,000, which includes full maintenance, support, and software
upgrades. The City would pay a one-time fee of $15,000 for the week of training and the
print manager. A 36 month subscription is required. (The $15,000 fee would be an
advance payment of the $1,500 per month for 10 months for the subscription. The City
would continue paying $1,500 per month for maintenance and support.)
As only the print manager would reside at City Hall, there is no need for application server
maintenance and support from information technology staff.
Recommendation: That the City Council authorize the Mayor to enter into an application
service agreement with iDC for the upgrade to the 4gov version for the financial reporting
system utilizing the hosted model solution.
Councilmember Taylor asked for clarification as to where the accounting system is failing.
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City Manger Lazzaretto explained that the City has committed $1,500 dollars a month to the program and
that the City is in need of upgrades.
Finance Director Pedote explained that the current system is outdated and that the City needs to upgrade it
in order to produce the reports that need to get out.
Councilmember Low commented that by upgrading the current system the City can save time and money,
Councilmember Low made a motion to approve item F; second by Mayor Pro Tem Nunez. Vote
resulted in:
Yes: Clark, Low, Nunez, Tran
No: Taylor
Absent: None
Abstain: None
H. City of Rosemead Ordinance No. 853 - Compliance with Senate Bill 53 (SB 53)
In 2006, the Governor signed Senate Bill 53 (SB 53) into law. This new measure requires
every city and county with a redevelopment agency to adopt an ordinance by July 31, 2007
that describes all programs "to acquire real property by eminent domain."
By approving Ordinance No. 853, the City would come into compliance with SB 53. The
proposed ordinance merely restates what is in the Redevelopment Plans for Project Area
No. 1 and Project Area No. 2. In addition, the Ordinance reiterates existing law, including
that the Commission's authority to use eminent domain has expired in Project Area No. 1
and is scheduled to expire on June 27, 2012 in Project Area No. 2, unless the time
limitations are extended by amendment to the Redevelopment Plans or as authorized by
state law.
Recommendation: That the City Council waive further reading and introduce Ordinance
No. 853.
Juan Nunez wanted to be assured that people on properties that would be affected would be given proper
notification.
Councilmember Taylor responded by saying that notices do go out. Homeowners are notified in advance
when a project is being considered.
Mayor Pro Tern Nunez made a motion to approve item H; second by Councilmember Low. Vote
resulted in:
Yes: Clark, Low, Nunez, Taylor, Tran
No: None
Absent: None
Abstain: None
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Accessibility & Technology Reimbursement Policy
Under the current practice, Council Members are eligible to have the City pay their cell
phone provider up to $80 per month for service. Periodically, staff is also reimbursed for
cell phone expenses incurred. However, these practices are not currently being carried out
based on any specific policy, a situation which has made it difficult to determine exactly
what constitutes a reimbursable expense.
Further, not all members of the City Council and management team are accessible via cell
phone. Given the nature of the responsibility placed on those filling these positions, it is
important for these individuals to be accessible 24-hours a day.
To address this situation, it is proposed that the City Council adopt Administrative Policy
20-03 relating to accessibility and technology reimbursement. Under the provisions of this
policy, members of the City Council, the City Manger, Department Heads, and Division
Managers would be eligible for annual one-time reimbursement of no more that $300 for
the purchase of eligible electronic devices. In addition, participants would also be able to
receive a reimbursement of up to $150 per month to pay for on-going cost such as
wireless data plan.
Recommendation: That the City Council approve Administrative Policy 20-03
Juan Nunez: Inquired as to whether these reimbursements would be used for business purposes.
City Manager Lazzaretto: Answered that employees would have to produce receipts in order to get
reimbursed for their cost.
Councilmember Taylor: Asked if the phones would be for personal use or city use.
City Attorney Garcia: Expressed that it would be a good idea to have personnel available 24 hours to the
City by having cell phone availability.
Mayor Pro Tern Nunez made a motion to approve item I; second by Councilmember Low. Vote
resulted in:
Yes: Clark, Low, Nunez, Taylor, Tran
No: None
Absent: None
Abstain: None
K. City Council Meeting Time Change - Second Reading
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
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City Council meetings begin at 7:00 p.m.
Recommendation: That the City Council approve Ordinance No. 852 on second reading,
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.
Juan Nunez: Comments and questions on the time changes.
Councilmember Taylor: Objects on the meeting time change due to staff working an 11 hour day before
meetings were to begin.
Councilmember Low made a motion to approve item K; second by Mayor Pro Tern Nunez. Vote
resulted in:
Yes: Clark, Low, Nunez, Tran
No: Taylor
Absent: None
Abstain: None
5. MATTERS FROM MAYOR & CITY COUNCIL - None
6. MATTERS FROM CITY MANAGER & STAFF
A. Casa Latina Business License Conditions - Status Update
On September 12, 2006, the City Council granted approval of a Dance & Entertainment
License for the Casa Latina Restaurant business. As a condition of that approval, the City
Council also requested that this item be brought back for Council review after a six-month
period to report staff observations of compliance with City codes and conditions of
approval of their permits and licenses.
Recommendation: That the City Council take the following action:
1. Grant Casa Latina a "last chance" ninety (90) day extension of the Dance &
Entertainment License contingent upon conditions of approval being adhered to.
2. Direct staff to monitor and periodically inspect Casa Latina during the ninety (90) day
extension.
3. Direct staff to bring back for City Council review a report detailing staff observations of
compliance with the conditions of approval for the Dance & Entertainment License in
ninety (90) days.
Ms. Ratterree expressed gratitude to Planning Manager Johnson for taking time to go to her house and
explaining current situation. She also mentioned that the loud music had become disruptive.
Planning Manager Johnson recommended that the Council approve a 90-day extension during which the
staff would be monitoring Casa Latina and bring back reports to Council.
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Ed Sanchez, Legal Counsel for Casa Latina, stated that the owner understands that they have a restaurant
and not a night club. The owner agreed to hire someone insulate the building in order to minimize noise.
Councilmember Clark does not agree that Casa Latina should get a 90-day extension if the restaurant
continues to have loud sounds within the facility that disrupts neighboring residents.
Councilmember Taylor asked if the owner was aware of any complaints by sheriffs or residents.
Owner of Casa Latina responded that no complaints were known of until about two to three months ago.
Translation was given by Ed Sanchez, Legal Counsel.
Planning Manager Johnson clarified that it has been more than two or three months since complaints were
made.
Councilmember Taylor points out that continuous violations will cause the restaurant to close.
City Attorney Garcia believes that by giving the owner a 90-day extension it serves as a last chance effort
for the Casa Latina business.
Councilmember Taylor made a motion to pass Item 6A; second by Mayor Pro Tern Nunez. Vote
resulted in:
Yes: Clark, Low, Nunez, Taylor, Tran
No: None
Abstain: None
Absent: None
B. Strategic Planning Presentation
City Manager Lazzarretto: gave an oral presentation regarding Strategic Planning and staff will be giving
month to month updates.
C. Garvey Bridge - Status Update
Ken Rukavina: Gave an oral update on Garvey Bridge. Los Angeles County is doing a geotechnical report
and are making sure that it complies with CalTrans' guidelines. CalTrans is doing the same thing
independent of the County and also is reviewing the structural calculations and the plans. Construction is
going well to date.
Jim Flournoy: Believes that CalTrans was asked to do thorough reports and that they are not doing
anything about them.
Ken Rukavina: Geotechnical investigation is being done by Mohammad Islam Bobby Zesof under the
direction of Earl C. Berg whom he believes are qualified people.
Mayor Pro Tern Nunez: Indicated that there are some who question a possible conflict of interest with the
Willdan group.
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The City Attorney was asked to bring back his findings at the next meeting.
Mayor Tran asked the Council to recess to the Rosemead Housing Commission at this time and
Councilmember Taylor asked the Council to postpone City Council Item 6D.
D. Closed Session
The City Council will recess to a closed session pursuant to Government Code Section
54957.6.
Labor Negotiations
Councilmember Taylor: Inquired about a letter that the City Manger Lazzaretto had submitted.
City Manager Lazzaretto: Confirmed submittal of letter.
Councilmember Taylor: Read a portion of the letter regarding employee medical benefits. Councilmember
Taylor shared that Council had not been given the information that Deputy City Manager Chi had been
sharing with City employees. A request was made of City Manager Lazzaretto to provide the information
regarding the benefits.
City Manager Lazzaretto: Responded that he had left a message for Council that they would discuss this
matter under this Closed Session.
Councilmember Taylor requested to review what is current in the medical plans.
Councilmember Clark made motion to postpone the Closed Session; second by Councilmember
Taylor.
Councilmember Low: Inquired about the information Councilmember Taylor requested and wanted to know
if it was for past benefits.
Councilmember Taylor: Responded that he is asking for current information.
Deputy City Manager Chi: Commented that retired City Employees will continue to receive medical
coverage by the city.
City Manager Lazzaretto: Interrupted the ongoing dialogue and directed that discussion discontinue. He
reiterated that this was a Closed Session discussion and not agendized as an Open Session item.
Councilmember Low: Requested that Council go into Closed Session.
Councilmember Taylor: Was not in favor of going to Closed Session.
City Manager Lazzaretto: Asked that this item be postponed.
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Mayor Tran pointed out that there is a standing motion made by Councilmember Clark to postpone
the Closed Session: second by Councilmember Taylor. Vote resulted in:
Yes: Clark, Low, Nunez, Taylor, Tran
No: None
Abstain: None
Absent: None
ADJOURNMENT
The Council adjourned the City Council Meeting and recessed to the Rosemead Housing
Commission meeting at 12:35 a.m. The regularly scheduled meeting set to take place on May 22,
2007 has been canceled due to a lack of quorum while members of the Council attend the
International Counsel of Shopping Centers Conference.
The next City Council Special Meeting will take place on May 29, 2007 at 7:00 pm.
Respectfully submitted: APPROVED:
Nina Castruita
City Clerk
John Tran
Mayor
Rosemead City Council Minutes: Meeting 5-8-07
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