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CC - Item 2B - Minutes 02-28-06• • MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL February 28, 2006 The regular meeting of the Rosemead City Council was called to order by Mayor Imperial at 8:05 pm in the Council Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Councilmember Tran. The Invocation was delivered by Councilmember Clark ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Nunez, Tran, Mayor Pro Tem Taylor and Mayor Imperial Absent: None APPROVAL OF MINUTES: None ORAL COMMUNICATIONS FROM THE AUDIENCE David Barron, President of Rebuilding Together, a non-profit agency that refurbishes low-income residents' homes, gave an overview about the program and invited home candidates to participate in the program. An open invitation was also given to community members to participate as volunteers on the April 29, 2006 Rebuilding Day. Ron Brown, residing at 16950 Waverly Drive, participated in a Wal-Mart protest rally on February 25, 2006 where signs located on Rush Street/Walnut Grove were requested to be taken down from the property location. The sheriff's department was called regarding the sign dispute. A claim regarding a secondary sign for a 24-hour liquor license on the site was also discussed. Brad Johnson, Planning Director, clarified that as per the revised and final EIR the item had been changed to read that the liquor license was from 8a.m. to 10p.m. o'clock. The original sign had been posted months before. Council requested that the old sign be removed. Mr. Brown questioned the EIR. Mayor Pro Tern Taylor pointed out that the meeting of December 13, 2005 thoroughly discussed the EIR issues and alternate sites. Kenneth Pike, residing at 9220 Steele Avenue, spoke about property tax revenue that is not being collected by the City and that Wal-Mart is needed as an income producing source. CCMIN: 2-28-06 Page I of 9 • i Caroline Kunioka, residing at 8400 Wells Street, addressed Councilmember behavior and participation in the Pride Group and denied the accusations made against Save Our Community regarding a payment of $5 per signature on petitions supporting the recall effort. Cynthia Melendrez, residing at 7433 Garvey Avenue #3A,spoke about the relocation of Park Monterey Mobile Home Park rules not being followed. Mayor Imperial instructed staff to contact the Pasadena Fair Housing Department on behalf of Park Monterey residents. 2. PUBLIC HEARINGS None 3. LEGISLATIVE A. Resolution No. 2006-07 Claims and Demands A resolution of the City Council of the City of Rosemead allowing certain claims and demands in the sum of $922,928.68 numbered 52032 through 52201. Motion by Councilmember Nunez, second by Councilmember Tran that the Council approve the aforementioned resolution. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran, No: None Absent: None Abstain: None Mayor Imperial declared said motion duly carried and so ordered. 4. CONSENT CALENDAR The following routine items were put forth before the City Council CC-A Approval of Proposed Specia 1 Target Area 2 In FY 2003-2004, the City Council created the Zapopan Park Target Area for proactive code enforcement. At the time of creation, the City Council stipulated that additional target areas be determined for program expansion. In the 2005- 2010 Consolidated Plan, the City Council approved the creation of an additional target area between 2005 and 2007. Based on code enforcement and crime statistics, staff proposes to create special Target Area Number 2. The boundaries of Target Area 2 would be as follows: Garvey Avenue on the north, Walnut Grove on the east, Klingerman on the south, and San Gabriel Boulevard on the west. CCM IN: 2-28-06 Page 2 of 9 • Recommendation: That the City Council approve the creation of special Target Area 2 and authorize staff to implement proactive code enforcement. CC-B Approval of Changes to the City's Residential Rehabilitation Program The current CDBG-funded residential rehabilitation programs have been in effect since 1996. Since that time, there have been significant increases in construction costs and in regulations. Construction costs have especially escalated within the last two (2) years. Staff proposes to increase amounts under the Handyman Grant, Rebate and Deferred Interest Loan for households who are not handicapped/disabled or over the age of 62. In legislative changes, California EPA and federal law under 40 CFR Part 61 now require the inspection and abatement of any asbestos in renovations of 160 square feet of building materials or 260 linear feet of pipe insulation. The use of asbestos in residential construction was banned in 1980. Units constructed before this time may have asbestos in any pipe insulation or flooring. Recommendation: It is recommended that the City Council approve and adopt proposed changes to the City's Residential Rehabilitation and Lead Remediation Guidelines. CC-C Acquisition of Carnival Ride Vendor for the City's Anniversary and 4'h of July Celebration - 2006 For several years, the City has used Blash Shows to provide rides and carnival games for the City's Anniversary and 4`h of July Celebration at Rosemead Park. This year the 4`h of July falls on a Tuesday and the contractor has indicated a flat fee for the one day operation of twenty-two thousand dollars ($22,000.00). Recommendation: It is recommended that the City Council approve the one-day carnival and authorize the Mayor to execute the Agreement with Blash Shows. CC-D Sale of Surplus Equipment - Unit #1, 1999 Buick Park Avenue Unit 91 is in need of repairs and has 121,000 miles on the odometer. Section 3.24.130 of the Rosemead Municipal Code provides guidelines for the sale of surplus city equipment. Recommendation: It is recommended that the Rosemead City Council authorize staff, pursuant to the Rosemead Municipal Code, to dispose of the surplus vehicle through the Los Angeles Dealer Auto Auction. CCM IN: 2-28-06 Page 3 of 9 • • CC-E Consideration of Contract Between the City of Rosemead and the City Manager At its February 14, 2006 meeting, the City Council hired Andrew Lazzaretto as City Manager effective March 1, 2006, and instructed the City Attorney to present the City Council with an employment contract at the next Council meeting. The contract presented for consideration is for a three-year term at an annual salary of $175,000.00. The contract also provides for an $800 per month automobile allowance rather than an automobile provided by the City. The contract is in other material respects identical to the previous City Manager's employment agreement. Recommendation: Approval. CC-F Authorization to Attend the IIMC 2006 Annual Conference in Conjunction with the CCAC Conference, Anaheim, California, May 14-18, 2006 This year's seminar includes 12 General Sessions, 12 Education Sessions, an ARMA Records Management Track, and three Athenian Leadership Society Dialogues specific to City Clerk functions. Recommendation: It is recommended that the City Council authorize the attendance of the City Clerk CC-G Authorization to Attend the American Planning Association National Conference, April 22-26, 2006, San Antonio, Texas Attached for your consideration is information regarding the upcoming national conference of the American Planning Association (APA). Topics will include land use planning, land use law, growth management, transportation, housing, economic development, infrastructure, smart-growth concepts, and many other municipal planning related issues. Recommendation: It is recommended that the City Council authorize the attendance of the Planning Director. CC-H Approval of CPI Adjustment for California Street Maintenance and Authorization to Advertise for Request for Proposals for Street Sweeping Services California Street Maintenance has been providing street sweeping services to the City since 1990. The City's current contract with California Street Maintenance allows for the contractor to request an annual contract extension and cost-of- living adjustment. When an existing contract is extended or renewed, AQMD rules now require that street sweeping fleets be converted to clean burning fleets. Therefore, any contract amendment to Clean Street's contract would require CCMIN: 2-28-06 Page 4 of 9 substantial changes in scope along with large cost increases. Thus, it will be necessary to advertise for bids for street sweeping services compliant with AQMD rules in order to comply with the City's purchasing ordinance. During the process of advertising for bids and award of a new street sweeping contract, Clean Street will continue to provide street sweeping services. Therefore, granting a CPI adjustment of 7.5 percent (July 2003 through July 2005) to Clean Street retroactive to July 1, 2005, is warranted. The proposed new rate to be granted to Clean Street is $13,995.56. Recommendation: It is recommended that the Rosemead City Council approve a 7.5% CIP adjustment for California Street Maintenance retroactive to July 1, 2005, and authorize staff to advertise for bids for street sweeping services compliant with AQMD rules. CGI Acceptance Street Dedication on Parcel Map 62909 - 3342 Muscatel Avenue This subdivision was considered by the Planning Commission on May 16, 2005. A street dedication was required to be granted on the map for street and sidewalk purposes. Recommendation: That the City Council accept the street dedication on Parcel Map 62909 and direct the City Clerk to arrange for the recordation of the map. Motion by Mayor Pro Tem Taylor, second by Councilmember Nunez that the Council approve the aforementioned items on the Consent Calendar. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran, No: None Absent: None Abstain: None Mayor Imperial declared said motion duly carried and so ordered. 5. MATTERS FOR DISCUSSION AND ACTION A. Discussion of the 4'h of July Parade This item is on the agenda for discussion purposes at the request of the Council. According to the Finance Department, the City spent $11,630 for the 2001 July 4`h Parade. Councilmembers Tran and Nunez have received requests from residents that this parade be reinstated. Mayor Imperial responded that the parade needed sufficient time to organize and a committee willing to organize. Mayor Imperial suggested an alternate fall date of September or October when schools are in session and able to participate. Councilmembers agreed that recruitment for a volunteer committee should take place. Advertisement in the City's quarterly CCMIN: 2-28-06 Page 5 of 9 0 0 newsletter and the Chamber of Commerce monthly newsletter were agreed upon as good starting points for a strategy to be developed. Forming a city veteran's commission was also suggested as a possible committee who could participate in coordinating a parade and other functions. City staff would follow-up with calls to other cities to investigate who handles their parades and also would advertise in the City Newsletter. B. Discussion of Contracting of United States Ports with Dubai Ports World This item is being placed on the agenda at the request of Councilmember Clark. As you know this has become a controversial issue on both sides of the aisle. Councilmember Clark expressed concern for national security. She indicated that only 2% of all containers that come into our ports are checked for a security breech. Mayor Imperial used the example of Port McArthur during the Vietnam War as a comparison point and indicated that more investigation into the matter was needed. Councilmember Tran voiced his support for Councilmember Clark's suggestion of sending a letter but asked if she wanted to send a letter or a resolution to take a position of support. A letter from the City Council was indicated as sufficient as time did not permit for the preparation of a resolution. Mayor Pro Tern Taylor asked that the issue be brought back to the next Council Meeting so that a proper resolution could be drafted instead of the letter. He indicated that a 45-day extension had been granted by Congress and that it allowed enough time for the matter to be looked into further. Councilmember Nunez acknowledged that a resolution would show a stronger position but still suggested that a letter be sent immediately to State Senators and local Congress people to oppose the sale and to show that Council is opposed to our ports being managed by outside companies. Councilmember Nunez was in agreement with the sample letter as presented but wanted the country mentioned in the letter either deleted or an addition of a country in good standing with us be placed in the letter. He indicated that our ports security is so vital that we need companies from within the United States to manage them. Staff was directed to work with Councilmember Clark to revise the letter and bring it back before the Council for signature support. 6. STATUS REPORTS None MATTERS FROM OFFICIALS Councilmember Nunez would like to take an opposition against Senate Bill 1206 which addresses condemnation. He asked that a letter be written on Council's behalf opposing the Bill. The League of Cities and other contract Cities have drafted letters in opposition to this topic and could be used as examples. A request was made that the City Manager send a letter in opposition on behalf of CCMIN: 2-28-06 Page 6 of 9 0 • the City Council. Assistant City Manager Wagner explained that the bill adds restrictions on the power of eminent domain. Councilmember Clark pointed out that the difference in California is that we have to declare blight for Eminent Domain where in Connecticut they do not. City Attorney Wallin stated that the City Council could not take a position on the matter since the subject was not an item on the Agenda. He suggested that the City Manager write a letter informing that we are going to be placing the item on the next City Council agenda for consideration of a resolution. The matter is to be brought back before the City Council. Councilmember Clark asked that the City rally with the League of California Cities and the Congress of Mayors in opposing the suggested fund cuts that would impact the Community Development Block Grants (CDBG). The program provides federal funding for programs in the City. The same attempt was made last year. Councilmember Clark requested a letter be sent to both the House Budget Committee and the Executive Office. City Attorney Wallin suggested that staff forward the City's previous position. 8. ORAL COMMUNICATIONS FROM THE AUDIENCE Lieutenant Wallace gave a report on the response by the Sheriff's department to the Wal-Mart site regarding a possible fight over a sign dispute. Councilmember Imperial inquired about the legality of protests taking place in front of a residence. Lieutenant Wallace indicated that so long as the protesters kept in continuous motion it was considered legal. Brian Lewin, spoke about what he considered intimidation tactics by Mike Lewis and security guards on the Wal-Mart property. Mayor Pro Tem Taylor asked Lieutenant Wallace about verifying who owned the property between Edison and Wal-Mart. He further inquired if Edison had given permission to post the signs. Lieutenant Wallace agreed to look into the matter further and provide the property line divisions to all Councilmembers for resolution to this question. Brian Lewin, residing at 9442 E. Ralph Street, expressed support for the 4t' of July parade. He also asked that the City Council put in place a resolution for retailers asking for mobile parking security or a security person who would patrol as early as one hour before opening and one hour after closing. Planning Director Johnson indicated that Wal-Mart had submitted a security plan that had to be approved by the Sheriff's department. Brian further inquired regarding the possibility of a future 24-hour operation of Wal-Mart. Mayor Pro Tem Taylor answered that Wal-Mart would have to go through the appropriate procedures to even pose that question. A public hearing would be one of the necessary things that would need to happen. Mr. Lewin's final topic was the issue of trash service. He indicated that the printed material disseminated by Consolidated Disposal were in the Spanish, Chinese and Vietnamese languages. He was in favor of multiple language print but indicated that a problem existed because phone accommodations were not provided for in any language other than English. CCMIN: 2-28-06 Page 7 of 9 9 0 Mayor Imperial said that we would try to accommodate the necessities of all Rosemead residents. Mr. Lewin informed the Council that fluorescent bulbs and batteries were illegal to dispose of in the trash. He suggested that the City communicate the information with Rosemead residents. Mayor Pro Tern Taylor suggested publishing the information in the City Newsletter. Councilmember Clark further suggested that restriction be announced in the Newsletter as well and the locations for the drop-off sites be advertised. Juan Nunez, residing at 2702 Del Mar Avenue, expressed concerns on the Port Issue. Todd Kunioka, residing at 8400 Wells Street, expressed concern over the 24-hour application that Wal-Mart applied for and supplied the residents with a copy of the letter in early January. Mayor Pro Tern Taylor questioned staff regarding said letter. Planning Director Johnson spoke with the Department of Alcohol and Beverage Control and was assured that the application was for a curfew store that would be closing at 10:00 p.m. Mayor Pro Tem Taylor instructed staff to go to the site and read what the actual posting by ABC had printed on it. Mr. Kunioka also summarized Save Our Community's efforts in a protest at the Wal-Mart site. Mr. Kunioka addressed a past statement from Mayor Pro Tern Taylor where he indicated that "the law was very clear" about the requirements for multilingual petitions. Mr. Kunioka requested that Mayor Pro Tern Taylor point out from the Election Code where that law could be found. Mayor Pro Tern Taylor said that he would look at the document that the Department of Justice had given the City which included the Voting Rights Acts from 1965. Mayor Pro Tern Taylor agreed to bring that back at the next Council Meeting. Mr. Kunioka went on to speak about the suit filed by Mayor Imperial which he claims was based off of three separate complaints, two of which he claims were fabricated by Mayor Imperial and Mayor Pro Tern Taylor which included the votes on December 5 to suspend the election and December 16 against reinstating the election. Mr. Kunioka feels that both men took illegal votes on things that they did not have the authority to do. Mayor Pro Tem Taylor asked Mr. Kunioka if he had any of this in a lawsuit. Mr. Kunioka referenced the decision from the preliminary restraining order from the Imperial lawsuit and proceeded to read from the document making reference to page five. Alejandro Gandara, spoke on the Voting Rights Act that Mayor Pro Tern Taylor referenced but wanted to point out that what they are concerned about is the Citizen sponsored petitions that are not referenced in the VRA. They were not concerned with literature or voting materials. Councilmember Nunez requested that the record show that Mayor Imperial left the chamber without excusing himself. Mayor Pro Tern Taylor responded that Mayor Imperial said to him that he would be going to the restroom and did not simply leave the meeting. CCM W: 2-28-06 Page 8 of9 9 a 9. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned by Mayor Pro Tem Taylor at 10:05 p.m. The next regular meeting will be held on Tuesday, March 14, 2006, at 8:00 p.m. Respectfully submitted: APPROVED: City Clerk MAYOR CCMIN: 2-28-06 Page 9 of 9