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CC - Item 4B - Minutes 10-24-06• • MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL October 24, 2006 The regular meeting of the Rosemead City Council was called to order by Mayor Taylor at 8:00 p.m. in the Council Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Mayor Taylor. The Invocation was delivered by Pastor Daniel Kwok from Branches Christian Ministries. ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Imperial, Tran, Mayor Pro Tem Nunez and Mayor Taylor Absent: None PUBLIC COMMENT FROM THE AUDIENCE Juan Nunez, residing at 2702 Del Mar Ave, inquired if there is an ordinance to keep kids from harassing people on sidewalks in the evening. He indicated there is a problem in his neighborhood between 2634.and 2714 Del Mar. Mayor Taylor asked Mr. Nunez to file a complaint and turn in a log to the sheriffs department so the monitoring process can begin. Jim Clouet, residing at 3719 Ivar Ave, spoke about the successful International Fall Festival and extended his appreciation to the City for hosting the event. Desiree Lee, Rosemead Library Manager, spoke about the "FESTIVAL OF AUTHORS" event on Saturday November 4"'at the library. There will be two keynote speakers: Denise Hamilton, a crime novel writer and Dr. Lucy Ching from mainland China, together with more than 40 authors at the Mission Inn from 11 to 2 p.m. Ms. Lee invited the Council and public to attend. Fred Herrera, residing at 3879 Delta Ave., commended the City's Vietnam War Memorial and asked the Council to consider adding the names of resident soldier casualties from other wars. Mayor Taylor agreed with the idea and indicated staff has already been looking into it. CCMIN: 10-24-06 Page 1 of 10 • • Ken Pike, residing at 9220 Steele St., requested an ordinance be passed to allow the conduct of internet business from R-1 zoned homes. He referenced an article from the San Gabriel Valley Tribune stating that g/ of home based businesses are conducted via the internet. Mr. Pike advocated that Rosemead should change with the times, as neighboring cities have. In addition, he also requested the bus stop be relocated to the East of Hart Street (at the original location) as this will provide additional parking for his customers. Mayor Taylor stated staff will look into the bus stop issue. 2. CONSENT CALENDAR The following items were put forth before the City Council (H and L were pulled for discussion purposes): A. Resolution No. 2006-29 Claims and Demands Recommendation: Adopt Resolution No. 2006-29, for payment of City expenditures in the amount of $911,872.94 for demands 54798 through 54996. B. Minutes September 26, 2006 - Regular Meeting C. Resolution No. 2006-30 - A Resolution of the City Council of the City of Rosemead, California, Calling and Giving Notice of the Holding of a General Municipal Election to be held on Tuesday, March 6, 2007, for the Election of Certain Officers as required by the provisions of the State of California relating to General Law Cities. This resolution calls for an election to be held on March 6, 2007, and makes provisions for the conduct of the election in accordance with the California Elections Code. Recommendation: Adopt Resolution No. 2006-30. D. Resolution No. 2006-31 - A Resolution of the City Council of the City of Rosemead, California, requesting the Board of Supervisors of the County of Los Angeles to render specified services to the City relating to the conduct of a General Municipal Election to be held on Tuesday, March 6, 2007. CCMIN: 10-24-06 Page 2 of 10 This resolution calls for an election to be held on March 6, 2007, and makes provisions for the conduct of the election in accordance with the California Election Code. Recommendation: Adopt Resolution No. 2006-31. E. Release of Bond - Parcel Map 60159 - 4623 Earle Avenue A Faithful Performance Bond and a Labor and Material Bond were required to guarantee construction of public improvements for Parcel Map 60159. In lieu of bonds, a Cash Deposit was issued to the City in amount of $10,650. Recommendation: That the City Council accept the public improvements and refund the Cash Deposit including interest. F. Approval of Tract Map No. 63143 - 4433 Walnut Grove Avenue Tract Map No. 63143 is being submitted for consideration and approval along with an Undertaking Agreement to guarantee construction of public improvements subsequent to the recordation of the tract map. Recommendation: That the City Council approve Tract Map No. 63143 and the Undertaking Agreement, and direct the City Clerk to arrange for the recordation of the map. G. Resolution No. 2006-32: Supporting Propositions 1 A - 1 E In May 2006, the California State Legislature placed Proposition 1 A - 1 E on the statewide November 2006 ballot for voter consideration. Combined, these measures embody and represent a $37.3 billion package of fiscal bond measures to provide funding for housing, transportation, levee/flood control projects, and educational facilities. Proposition 1A will close a loophole and ensure that gas tax revenue from Proposition 42, passed by voters in 2002, is only spent on transportation improvement projects, as originally intended. Proposition 1 B will provide up to $20 billion on various transportation projects to rebuild California, of which $1 billion will go to cities and $1 billion to counties for local streets and roads improvement projects. CCMIN: 10-24-06 Page 3 of 10 • • Proposition 1C will provide $2.8 billion for housing projects, including $1.35 billion that helps cities address housing-related infrastructure issues, consisting of $850 million in grants for development of public infrastructure projects that facilitate or support infill housing construction, $200 million for parks, and $300 million for development near public transportation. Proposition 1 D will improve California's weakening school system by providing $10 billion for performing school building repairs and providing innovative learning facilities for Californian students, including seismic retrofitting and classroom repairs. Proposition 1 E will provide $4 billion for critical river levee repair and construction, as well as flood control projects and the updating and repair of old water mains and sewage systems. Recommendation: That the City Council adopt Resolution No. 2006-32 Supporting the approval of Propositions 1 A - 1 E. League Legislative Briefing The League Legislative Briefing will take place on November 15 in Sacramento and on November 16 in Anaheim. Tentative session topics will include: Perspectives on the Results of Other Ballot Measures, the Governor's Race and Mood of the Voters; The Fate of Proposition 90, Employee Relations and Workers Compensation; Legislation Affecting Redevelopment, Flood Control, Environmental Issues, Housing and Land Use. . Recommendation: That the City Council authorize the attendance for any Councilmember, the City Manager and staff designee. Authorization to Attend 2007 City Manager's Department Meeting The League of California Cities 2007 City Manager's Department Meeting is scheduled to take place from February 7 - 9, 2007 in San Francisco, California. Meeting sessions will include: Politicization of Local Government; Employment Contracts and Separation Agreements; CalPers; How to Cope with Rising Health Care Costs; GASB 45; and Building Public Trust in Uncertain Times. Recommendation: That the City Council authorize the attendance of the City Manager and staff designee. ccMIN: 10-24-06 Page 4 of 10 0 0 K. AB 1234 Meeting Reports AB 1234 requires that City Council members and staff provide a brief report on meetings attended at City expense at the next regular City Council meeting. The City Clerk has received a written report filed by Councilman Imperial, Councilman Tran, and staff. Recommendation: That the City Council receive and file said reports. A MOTION WAS MADE BY COUNCILMEMBER TRAN, WITH A SECOND BY COUNCILMEMBER NUNEZ to approve the aforementioned items on the Consent Calendar. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. H. Consideration of Request from Consolidated Disposal for a Cost of Living Increase Effective January 1, 2007 and Amendment No. 4 to Existing Agreement Consolidated Disposal Services (CDS) is requesting an increase in their residential rates of 6.61 % and commercial rates of 7.64% to be effective January 1, 2007. These rates include a, one time only, additional increase to cover the extraordinary increase in gas prices over the past year. Furthermore they are requesting that the contract be amended to change the annual adjustment date from August 1 st to January 1 st to coincide with the change in the effective date of the Sanitation District's annual tipping fee increase. Staff is also requesting that the City Manager be provided the authority to implement the annual rate increase, provided it does not exceed the formula in the agreement. These two changes would be included in Amendment No. 4 to the contract. Recommendation: That the City Council approve amendment No. 4 to the agreement and schedule the hearing for the rate increase for the November 14, 02006 meeting. Mayor Taylor stated that he would prefer to defer the vote on this item until after the November 14 public hearing on the CDS rate increase. He also asked if approval of the staff recommendation would give the City Manager authority to implement annual cost CCMW : 10-24-06 Page 5 of 10 0 0 of living increases without conducting a public hearing. City Attorney Wallin indicated that the City Manager would not have to conduct a public hearing to approve cost of living increases. If the Council is asked to vote to increase fees (outside of the cost of living increases), a public hearing must be conducted. Mayor Taylor asked what the difference was between the item before the Council currently and the public hearing on the 14th. Assistant City Manager Wagner explained the hearing needs to be conducted because the rate increase requested is above and beyond what is specified in the contract. In addition, approval of the item currently would change the effective date of the increase and grant the City Manager the authority to implement the annual increase as long as it does not exceed the formula in the agreement. COUNCILMEMBER TRAN MADE A MOTION, WITH A SECOND BY COUNCILMEMBER NUNEZ to approve Amendment No. 4 to the Consolidated Disposal Services agreement and schedule a rate increase hearing for the November 14, 2006 meeting. Vote resulted: Yes: Clark, Imperial, Nunez, Tran No: Taylor Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Mayor Taylor explained he voted "no" because of his preference to wait for the public hearing on the issue. Mayor Taylor asked how many abandoned and bulk items were picked up after January 1, 2006. Mr. Fierro of Consolidated Disposal Services reported that from January 2006 to September 2006, CDS picked up 39 bulky abandoned items at no charge to the city or to residents. This is a remarkable difference from the year prior, when more than 500 abandoned items were picked up. There were 11 customers that called for pick-ups on a day other than regular pick-up dates from January, 2006 to September, 2006. Mr. Fierro also reported that since the City started the automated blue recycle bin program, the City has increased its recyclable materials by 35% averaging 120 tons per month. Mayor Taylor pointed out the increase is lower than what CDS projected last year. Mayor Pro Tem Nunez was surprised to learn CDS had less pick-ups on record for his residence, when he called to check. Mr. Fierro explained scavengers sometime go out in advance of the pick-up to get items they can sell, such as steel. CCMIN: 10-24-06 Page 6 of 10 • • Councilmember Clark pointed out scavenged items are reused and thus good for the environment. Mr. Fierro clarified scavenged items do not hurt the City, but do not help the City either. The aim is to increase recyclable items and keep disposal items down. L. Early Retirement Incentive Package In an effort to better facilitate a reorganization of City operations and responsibilities, discussions with the Assistant City Manager regarding the possibility of taking an early retirement have been initiated. Based on City Council direction and conversations that have occurred to date, an agreement has been reached whereby the Assistant City Manager would retire this year effective December 3, 2006, contingent on the City purchasing him 1.404 additional years of service credit. Recommendation: That the City Council authorize the City Manager or his designee to execute an early retirement incentive agreement and any related documentation to finalize the agreement with the Assistant City Manager. Mayor Taylor requested additional information and a written breakdown of costs, prior to voting on the item, since this is the 3`d time the agreement has changed. City Manger Lazzaretto clarified the recommended agreement is based on what the Council authorized at the closed session on October 10, 2006. COUNCILMAN TRAN MADE A MOTION, WITH A SECOND BY COUNCILMEMBER NUNEZ to authorize the City Manager or his designee to execute an early retirement incentive agreement and any related documentation to finalize the agreement with the Assistant City Manager. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. 3. MATTERS FROM MAYOR & CITY COUNCIL Mayor Taylor asked for feedback regarding the proposal to have the City Council only meet once next month, on December 19. All the Councilmembers were in agreement with the proposal. CCMfN: 10-24-06 Page 7 of 10 • • 4. MATTERS FROM CITY MANAGER & STAFF A. China Bistro Occupancy Permit Update As requested by Mayor Taylor, the following is an update of the progress of the outstanding correction items that the City is tracking with regard to the temporary certificate of occupancy issued to the business owner of the China Bistro Restaurant located at 8310 E. Valley Boulevard. Recommendation: That the City Council receive and file the report. Director of Planning Brad Johnson informed the City Council that staff inspected the site and all of the outstanding issues have been completed. A final Occupancy Permit will be issued on October 25. B. Wal-Mart Construction Update Staff will provide an update to the City Council at its meeting on the outstanding construction related items for the Wal-Mart Supercenter. Recommendation: That the City Council receive and file the information. Director of Engineering Rukavina reported Wal-Mart has made great strides in completing the remaining items as outlined below. Item numbers refer to the punch list submitted by staff. Planning Items: • Landscaping has not been completed; a meeting has been scheduled for Thursday. • Installation of green screens will be done the following day. • Additional cameras will be installed on Thursday. • Item 8 under this section on the punch list submitted by staff is complete. Building Items: • All Garden Center items are completed, except for one item. CCMIN: 10-24-06 Page 8 of 10 0 0 Public Works Items: • Sidewalk - West sidewalk is complete, sidewalk on Rush St. will be completed tomorrow. Walnut Grove sidewalk will start on Thursday. • Manhole on Delta Ave. has been lowered and the sidewalk there has been patched. • The crossing sign will be completed in conjunction with other projects; the plans have been approved and signed. • Work for Item 5 will start tomorrow. • Items 7, 8, and 9 pertaining to tree issues will be handled along with the sidewalk work. Item 10 (restaking of trees) is underway currently. • Item 11 goes along with a Planning item, a meeting has been scheduled for Thursday. • Item 12 is complete. Item 13 needs further review. Mr. Rukavina assured good progress is being made to complete all remaining projects. Mayor Pro Tem Nunez requested clarification about Item 13 and discussed handicap accessibility. Todd Kunioka, residing at 8400 Wells St., commented new trees on Rush Street would provide better shading if they were placed on the south side of the street. Mayor Taylor thanked him for the suggestion but indicated plant will not be changed. City Attorney Wallin reported the Council authorized the execution of two employment termination agreements at the Closed Session on October 10, 2006. Mr. Wallin reported the action at this point since the agreements have now been signed and finalized. C. Closed Session The City Council will recess to a closed session pursuant to Government Code Section 54956.9 Conference with Legal Counsel - Anticipated Litigation - zoning action Initiation of litigation pursuant to subdivision(c) of Section 54956.9: One Case CCMIN: 10-24-06 Page 9 of 10 • E The council recessed into closed session at 9:05 pm, and returned at 9:45 pm. City Attorney Wallin announced no reportable action was taken. 5. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 9:45pm. The next regular meeting will be held on November 14, 2006, at 8:00 p.m. Respectfully submitted: APPROVED: City Clerk MAYOR CCMIN: 10-24-06 Page 10 of 10