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CC - Item 2B - Minutes 06-27-06• • MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL June 27, 2006 The regular meeting of the Rosemead City Council was called to order by Mayor Taylor at 8:10 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 Taylor. The Invocation was delivered by Pastor Jonathan Wu. ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Imperial, Tran, Mayor Pro Tern Nunez and Mayor Taylor Absent: None 1. PRESENTATIONS Rebuilding Together, West San Gabriel Valley Chapter - April 29th, 2006 Rebuilding Day" Rosemead Participants - Director of Planning Brad Johnson gave a PowerPoint presentation that demonstrated the work that volunteers completed to assist community members. Members of San Gabriel High School's Kahana Kai Club were presented with a certificate to recognize their significant contributions and all of the Council Members praised their efforts. Asian Pacific Family Center A. C. T.1.0. N. Program Yang Quinn from the Asian Pacific Family Center along with youth members from Rosemead High School recognized the City of Rosemead's contribution to the A.C.T.I.O.N.'s Safe and Sober Campaign, by promoting and offering non- alcoholic family events. A certificate was presented to the City Council. City Employee Basketball Tournament. Members of the Rosemead City Staff Basketball Team were recognized for their first place finish in Tournament play against teams from the Cities of Arcadia, Commerce, Lomita, Long Beach, and Lakewood. Councilman Tran also played on the team. The Rosemead team won the Tournament with a 4-0 record; a plaque was presented to commemorate their achievement. 2. MATTERS FROM CITY MANAGER & STAFF A. Smoke Free Parks Ordinance Mayor Taylor moved this agenda item to the top of the agenda to facilitate an earlier public comment from school-age audience members. CCMIN: 6-27-06 Page I • • At the June 13, 2006 City Council Meeting, staff was directed to prepare an Ordinance that would ban smoking in all public parks. If approved, the measure would make it unlawful to use and dispose of any tobacco-related product in any City park. A first violation of the proposed ordinance would result in a fine of no more than $100, a second violation would result in a fine of no more than $200, and a third violation and every violation thereafter would be punishable by a fine of no more than $500. Recommendation: That the City Council add section 12.44.050 to the Rosemead Municipal Code banning smoking in all City Parks. Janice Chow spoke on behalf of the American Cancer Society to encourage the City to adopt a Smoke Free Parks Ordinance. Nisha Varghese, representing the Coalition for Smoke-Free Rosemead Parks, spoke in support of the Smoke Free Ordinance and discouraged the use of designated smoking areas and reported that the US Surgeon General recently concluded that there is no risk free level of second hand smoke. Christine Otero, representing the Coalition for Smoke-Free Rosemead Parks, spoke in support of the smoking ban. Ms. Otero reported that cigarette butts were found in Rosemead and Garvey Parks exposing park guests to harmful second hand smoke. Recently, a total of 556 cigarette butts were found in playgrounds, parking lots, basketball courts, walk-ways and picnic areas in Rosemead Park. Last August, nearly 800 cigarette butts were found in Garvey Park and more than 1,500 were found in Rosemead Park. Sonya Vasquez, Co-Chair for the Coalition for Smoke Free LA County, spoke in support of the Smoke Free Parks ordinance and mentioned other cities that have also implemented smoking bans in public areas. Councilmember Tran made a motion to add the ordinance to the City's Municipal Code as written with a second by Mayor Pro Tern Nunez. Councilmember Clark asked to amend the ordinance to incorporate designated smoking areas. She cited one of the consequences to a smoking ban in Rosemead parks might be an increase of childhood obesity as parents who smoke may not bring their children to the park to exercise. Councilmember Clark's amended motion did not receive a second; she requested the record also state her opposition to the ban because law enforcement personnel might be deterred from other duties to enforce the Smoke Free Parks Ordinance. CCMIN: 6-27-06 Page 2 • The original motion by Councilmember Tran and Mayor Pro Tern Nunez stood; vote resulted: Yes: Nunez, Taylor, Tran No: Clark, Imperial Abstain: None Absent: None 3. PUBLIC COMMENT FROM THE AUDIENCE Yuki Fukumoto, residing at 1807 Delta Avenue, discussed the Wal-Mart helicopter lift on Saturday, June 17, 2006 that took place over Delta Avenue and asked why security was not on ground to protect residents. Ms. Fukumoto indicated she did not see sheriff personnel at the site. A fence came down as a result of wind generated by the helicopter. Mayor Taylor stated for the record that sheriffs were at the site but did not close- off the periphery. In addition, Mayor Taylor indicated the contractor was responsible for the operation. He also stated that the contractor will adjust for damages inflicted on the car that received damage once a claim is submitted. Ms. Fukumoto contacted the FAA who is investigating the helicopter incident as standard procedure dictates the periphery is secured. Apparently the area was not watered down sufficiently; the AQMD is now involved as a result. Mayor Taylor asked Ms. Fukumoto if she had received notice of the helicopter lift. She indicated that yes, notice had been received on Friday. As City Hall was closed on Friday and the operation was scheduled to take place the next day, Ms. Fukumoto requested additional notice for future notices and she asked Assistant City Manager Don Wagner get back to her regarding follow-up after the helicopter lift. Councilmember Clark requested a full report as to why the fence came down. Mayor Pro Tern Nunez pointed out that regulations were not followed and asked if the conditions of permit mandates further action. Mayor Taylor indicated staff would follow-up and cross reference conditions of permit. Cynthia Melendrez, residing at 7433 Garvey Avenue, asked on public record that a relocation impact report be submitted for resident protection aside from the one being created on behalf of the developer through Mecky Meyers. Mayor Taylor asked City Attorney Wallin what the City's jurisdiction is in regards to the Mobile Home Park CCM1N: 6-27-06 Page 3 0 0 City Attorney Wallin explained that state law requires that prior to closure of a mobile home park, a builder has to submit a relocation impact report to the City. The City Council reviews the report and approves it with conditions to mitigate the hardships to mobile park residents. To date, the City has received a draft of the impact report and will set a hearing date shortly. At the request of residents, Ms. Meyers will not be involved in gathering confidential reports from Mobile Park residents. Instead, residents will submit reports to the city which will remain confidential. Mayor Taylor expressed concern about having residents turn in reports directly to the City, as this might expose the city to litigation. City Attorney Wallin indicated this was not the case. Councilmember Imperial advocated City involvement to support residents as much as possible. Lanny Aplanalp, residing at 4746 Fendyke Avenue, spoke about graffiti and indicated that an average of 109,000 graffiti reports were filed in the City of Rosemead over a three year period. He felt graffiti offenders are not given a severe enough punishment and asked what the punishment is for a first offence. Mayor Taylor felt that the figures did not match and asked the City Manager to put together figures for the last two months and make the report available in City Hall. City Attorney Wallin indicated that graffiti as a misdemeanor brings with it a penalty of up to $1,000 and possible imprisonment, at a judge's discretion. City Manager Lazzaretto explained that court records are sealed if juveniles are involved. Lt. Wayne Wallace described the types of penalties that are imposed on juvenile offenders and indicated that graffiti problems are occurring county-wide. Juan Nunez, residing at 2702 Del Mar Avenue, spoke about AB 1234 compliance and various workshops that council members and staff will attend at upcoming conferences. Mr. Nunez asked attendees keep resident interests in mind. Jim Flournoy, residing at Landisview, spoke about the Wal-Mart helicopter lift issue and wind issues that resulted in portions of the fence coming down on Rush Street today. CCMIN: 6-27-06 Page 4 Brian Lewin, residing at 8442 Ralph Street, discussed the Wal-Mart helicopter lift issue and asked why action was not being taken in light of the negligence exhibited by Wal-Mart contractors. Councilmember Clark asked why fence came down again today after being replaced after the helicopter lift. Marlene Shinen, residing 8447 Drayer Lane, South San Gabriel felt that cheap materials and sandbags caused the fence to come. Mayor Taylor asked Ms. Shinen to bring in pictures of the offenses and thought perhaps the contractor might be asked to use heavier weights to keep the fence down. He also asked Ms. Shinen to view pictures in relation to an incident with Sheriffs that took place several weeks ago. Ms. Shinen verified that her car was viewed over the line in the pictures, blocking the road. Mayor Taylor requested the pictures be included with the minutes of the last two meetings and asked the Assistant City Manager to give Ms. Shinen a copy of the pictures. Ms. Shinen also asked why a citation was not issued for Wal-Mart construction actions. It was explained that the City Attorney sent Wal-Mart a written warning instead. If compliance is not achieved, further legal action may be taken. Mr. Kunioka, residing at 8400 Wells Street, spoke about recycling issues in the community and asked if City Hall also recycles. Councilmember Clark clarified that recycling bins are in the back. In addition, Mr. Kunioka advocated the use of graduate students for certain evaluation projects. 4. CONSENT CALENDAR A. Resolution No. 2006-15 Claims and Demands Recommendation: Adopt Resolution No. 2006-15, for payment of City expenditures in the amount of $666,455.02 demands 53339 through 53523. C. Fiscal Year 2005-06 Budget Transfer Authorization A review of this year's budget indicates that some departmental accounts will exceed their budgeted amounts, and City Council action is required to transfer $328,300 in funds from unappropriated reserves to cover the shortfall. It is important to note; however, that total expenditures for the City are under budget. CCMIN: 6-27-06 Page 5 • • Recommendation: That the City Council authorize a transfer of $328,300 from unappropriated reserves to cover additional costs incurred during the current fiscal year 2005-06. E. 2006-07 City Budget and Appropriations Limit The 2006-07 Annual Budget includes expenditures of $36,100,890 with total funds available of $61,075,721, resulting with an ending fund balance of $24,974,831. The budget document presented for adoption reflects the personnel and Parks and Recreation capital outlay recommendations presented in the Budget Study Session held on June 6, 2006. Recommendation: That the City Council approve the 2006-07 City Budget and Appropriations Limit by adopting Resolution No. 2006-16. F. Investment Policy The City's Auditor, McGladrey & Pullen, LLP requires the City Council to approve on an annual basis the City's Investment Policy. The authority governing investments for municipal governments is set forth in the Government Code, Sections 53601, et. Seq, and the City's investment philosophy is based on safety, liquidity, and yield. Recommendation: That the City Council adopt the Investment Policy. G. Crossing Guard Service Agreement with Rosemead School District Beginning in 1992, the City has managed and provided crossing guards for the Rosemead School District (RSD) at select locations. Recently, RSD requested that the City approve a renewed agreement for those services in an attempt to update the existing contract. RSD has requested seven crossing guards for the 2006-07 fiscal year, which is estimated to cost a total of $41,340. According to the terms of the proposed agreement, the City will organize and provide for all aspects of the crossing guard services and will be reimbursed on a monthly basis for all costs incurred by RSD. Recommendation: That the City Council authorize the City Manager or his designee to execute the agreement with the Rosemead School District for the provision of crossing guard services during the 2006-07 fiscal year. H. Agreement with Laidlaw Transit Services, Inc. Laidlaw Transit Services, Inc. provides the City's Dial-A-Ride and fixed- route (Shopper Shuttle) transit services. Since 2002, this contract has CCM1N: 6-27-06 Page 6 • 0 been extended annually along with a cost-of-living adjustment. This contract expires on June 30, 2006. It is proposed that the sixth amendment to the original agreement be executed thereby extending the contract through June 30, 2007, and granting a 4.3% cost-of-living adjustment. Recommendation: That the City Council approve the Sixth Amendment to the agreement between Laidlaw Transit Services, Inc. and the City authorizing a one-year contract extension and a 4.3% cost-of-living adjustment, effective July 1, 2006, and authorize the City Manager or his designee to sign the contract on behalf of the City. J. Authorization to Attend League of California Cities 2006 Annual Conference and Exposition, September 6-9, 2006, San Diego, California Conference sessions will include Department Sessions, Concurrent Sessions, General Resolutuions Committee meetings and the Annual Business Meeting. Recommendation: That the City Council authorize any Council Member, the City Attorney, the City Manager and staff designee to attend the League of California Cities 2006 Annual Conference at City expense. K. Authorization to Attend 29th Annual MMASC Conference, July 19-21, Indian Wells, California Seminar sessions at the MMASC Conference will include a discussion on Public Finance 101, Innovations in Local Government Legislation, Tales from Young City Managers, and other related events. Recommendation: That the City Council authorize any Council Member, the City Manager, the City Attorney, or staff designee to attend the 29th Annual MMASC Conference at City expense. L. Authorization to Attend the Technical Track for Clerks (TTC) Seminar September 5-8, 2006, Riverside, California Seminar session at the Technical Track for Clerks will include discussion on the Municipal Clerk Profession, Meeting Administration, Records Management, Budgeting and Accounting, General Law, Negotiating Skills, Written Communication Skills, Ethics in the Profession, and Diversity in Organizations. Recommendation: That the City Council authorize the City Clerk to attend the Technical Track for Clerks Seminar at City expense. CCMIN: 6-27-06 Page 7 • M. AB 1234 Meeting Reports AB 1234 requires that the City Councilmembers and staff provide a brief report on meetings attended at City expenses at the next regular City Council meeting. The City Clerk has received written reports filed by Mayor Pro Tern Nunez, Councilmember Clark, Councilmember Imperial, Commissioner Herrera, Commissioner Knapp, City Manager and staff. Recommendation: That the City Council receive and file said reports. Councilmember Clark made a motion to approve all items with the exception of Item I. Councilmember Tran requested items B and D be pulled. Councilmember Clark made a motion to approve all Consent Calendar items except B, D and I, with a second by Councilmember Tran. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Abstain: None Absent: None B. Approval of Minutes December 14, 2004 - Regular Meeting August 9, 2005 - Regular Meeting December 27, 2005 - Regular Meeting The minutes from August 9, 2005 and December 14, 2004 were deferred until the next meeting. The minutes from December 27, 2005 were approved with two minor changes. Councilmember Clark made a motion to approve the minutes from December 27 (two minor changes) with a second by Councilmember Tran. Vote resulted - Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Abstain: None Absent: None D. Parks & Recreation Capital Project Funding At the June 6, 2006 Budget Study Session, the City Council directed staff to analyze the possibility of funding a variety of park and recreational facility capital projects with general fund reserves. In total, $809,770 worth CCM1N: 6-27-06 Page 8 • 0 of improvements were discussed for inclusion in the 2006-07 budget for projects ranging from improvements at Rosemead Park to upgrades at the Garvey Community Center. Allocating reserve funds should be carefully considered, and after a preliminary review of the different capital projects that need to occur during this next fiscal year, a more detailed spending plan for park and recreational facility upgrades should be created for City Council consideration. Recommendation: That the City Council take the following actions: Appropriate $809,770 from unallocated general fund reserves into the 2006-07 Parks & Recreation budget for capital improvements. 2. Direct staff to bring back for City Council approval an allocation plan for those funds which includes a prioritized listing of park and recreation facility capital upgrades. 3. Authorize staff to expend those funds only after the City Council adopts an official park and recreation facility capital improvement plan. Councilmember Tran recommended the City Manager be given the authority to approve necessary repairs on an immediate, as needed basis. City Manager Lazzaretto clarified he would inform council about immediate needs. Mayor Taylor asked about the movement of items from the Community Development Budget to the City Budget and wanted clarification about exactly how the money would be used. He anticipated that certain projects might be a shared expense with the Community Development Commission. Mayor Pro Tern Nunez advocated approval of the item as is, with a slight change to Item 3 to allow certain immediate expenses at the discretion of the City Manager. Councilmember Tran made a motion to approve the item, with second by Mayor Pro Tem Nunez. Vote resulted: Yes: Clark, Nunez, Tran No: Imperial, Taylor Abstain: None Absent: None Mayor Taylor asked the record to show that he is not opposed to projects but felt uncomfortable approving the amount without clarification on project allocation to City and Community Development Commission budgets. CCM [N: 6-27-06 Page 9 • Truck Parking Restrictions on San Gabriel Boulevard At the request of Los Angeles County Department of Public Works, the Rosemead Traffic Commission recommended restricting commercial vehicles weighing over 5 tons from parking on the west side of San Gabriel Boulevard between Towne Center Drive and the southern City limit. Recommendation: That the City Council approve the Traffic Commission's recommendation to restrict commercial vehicles weighing over 5 tons from parking on the west side of San Gabriel Boulevard between Towne Center Drive and the southern City limit. Resident Jim Flournoy spoke regarding Item I. He supported the staff recommendation and asked the City and the County work together to request the City of Montebello adopt the same parking restriction. Mr. Flournoy further advocated the City red curb Darlington Street where it dead-ends so drivers can make a u-turn. Councilmember Clark made a motion, with a second by Nunez to approve Item I as recommended by staff. Vote resulted. Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Abstain: None Absent: None 5. MATTERS FROM MAYOR AND CITY COUNCIL A. Mayor's Committee Appointments for 2006-2007 B. Traffic Commission Appointments Mayor Taylor requested the City Manager forward to him a report from the County Sanitation District, and he also asked the City Attorney for a definition of malfeasance. City Attorney Wallin clarified that the term refers to misconduct while in office. Mayor Taylor asked if an elected official is entitled to a defense if wrongly accused of a wrongful act. City Attorney Wallin stated that if a City Council member is prosecuted for malfeasance and the majority of the City Council finds that the Councilmember was acting in good faith, defense can be provided at City Council discretion. CCMIN: 6-27-06 Page 10 Mayor Taylor announced that Joan Hunter and Howard Masuda were appointed to the Traffic Commission. Mayor Pro Tern Nunez asked the Council consider Councilmember Tran as a delegate for the League of California cities. Councilmember Imperial indicated he has not had an opportunity to request his selected appointments. He asked the final list be deferred until the next meeting. The council agreed to defer the complete list of appointments until the next meeting with the exception of the following four appointments which the council agreed upon: 1) League of California Cities: Delegate - Councilmember Tran Alternate - Councilmember Clark 2) California Contract Cities Association: Delegate - Mayor Pro Tern Nunez Alternate - Councilmember Imperial 3) Mosquito Vector Board: Delegate - Bob Bruesch (former Councilmember) Alternate - Councilmember Clark 4) San Gabriel Valley Council of Government: Delegate - Councilmember Clark Alternate - Mayor Pro Tern Nunez Councilmember Tran made a motion to approve the four appointments with a second by Mayor Pro Tern Nunez. Vote resulted: Yes: Clark, Nunez, Taylor, Tran No: Imperial Abstain: None Absent: None Councilmember Imperial requested the record show that he did not vote to approve the four appointments because he had not received the appointment information. CCMIN: 6-27-06 Page I I 0 0 6. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned in memory of Dan Hyle at the request of Councilmember Clark. The next regular meeting will be held on Tuesday, July 11, 2006, at 8:00 p.m. Respectfully submitted: APPROVED: City Clerk MAYOR CCMIN: 6-27-06 Page 12