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CC - Item No. 6A - Minutes of June 23, 2009 RegularMinutes of the REGULAR CITY COUNCIL MEETING June 23, 2009 The regular meeting of the Rosemead City Council was called to order by Mayor Clark at 7:09 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. FLAG SALUTE: Mayor Pro Tern Taylor INVOCATION: Council Member Armenta PRESENT: Mayor Clark, Mayor Pro Tern Taylor, Council Member Armenta, Council Member Low, and Council Member Ly. OFFICIALS PRESENT: City Manager Allred, Assistant City Manager Hawkesworth, Interim City Attorney Montes, Assistant City Manager Saeki, Director of Finance Brisco, Director of Parks and Recreation Montgomery-Scott, Economic Development Administrator Ramirez, Deputy Public Works Director Marcarello, and City Clerk Molleda. 1. PRESENTATIONS Rosemead High School - Co-ed Badminton Team Larry Callaham - Principal of Rosemead High School stated he was very proud of the Co-Ed Badminton Team for making it to Division Champs of the CIF. Mr. Callaham introduced the team's Captain Gary Lewi. Gary Lewi - stated he was very proud of his team and introduced the rest of the team. Tai Phan - Assistant Coach of the Badminton Team thanked Council for recognizing the team and added that he was also very proud of the team for accomplishing so much this year. Mayor Clark stated the team had put the city on the map and added she was very proud of them. The City Council took a picture with the Badminton Team • Muscatel Middle School - Science Olympian Team Dean Wharton - Principal of Muscatel Middle School stated he was very proud of the Science Olympian Team and their parents. He stated it this was a committed group of students who worked very hard everyday afterschool and on Saturdays. He added that the team had won the Los Angeles County Science Olympian championship for the 5th year in a role; had won the State competition and National competition, which had taken them to Georgia where they competed against 60 schools nationwide and the team had won 6th place. Rosemead City Council Meeting Minutes ofJune 23, 2009 Page I of 17 The City Council took a picture with the Badminton Team Council recessed at 7:28 p.m. and reconvened at 7:31 p.m 2. PUBLIC COMMENT FROM THE AUDIENCE Marissa Castro-Salvati - representative of the Southern California Edison (SEC) reviewed and informed Council on the State of the System for SEC. She went over the things they are doing for the City of Rosemead, such as, the Tehachapi removal transmission project, perform a cut-over and upgrade the 4kv216kv, cable and switch replacements, and their pole replacement program. Mrs. Castro-Salvati also informed Council that the SEC has a employee volunteer program and as of today, their employees had volunteer over 1000 hours to the City of Rosemead. Council Member Low asked if there was any long term plans for the City of Rosemead utility to go underground. Mrs. Castro-Salvati responded no and that there was $1.2 million funds for the undergrounding of the distribution facilities but as far as transmission there were not plans to doing so. Council Member Low stated she was referring to the electric poles Mrs. Castro-Salvati stated that was the Route 28 project and that she would discuss that further with city staff. Council Member Low replied that she was referring to a long term road map or plan, maybe of 20 to 30 years to figure out how to get all the electrical underground. She stated this was a slow process and maybe a little could be done each year. Mrs. Castro-Salvati responded that it all depended on how many funds were allocated for the City of Rosemead and stated that the amount changed every year. City Manager Allred stated that staff would provide a plan for the Route 28 project and identify the area that needed to be underground. He added that once the project got started it would take about 3 years to complete. Mayor Margaret Clark introduced new City Manager Jeffry Allred Robert Bruesch - addressed Council regarding the possible funding of the STAR program. Mr. Bruesh stated that he was present when the program was born and was in the classroom when it was implemented. He stated that the program not only taught kids not to be violent or not be bullies but what it did was place the police in the classroom and see them in a positive light. Council Member Steven Ly responded that during the budget session he had brought this to staffs attention as a concern; however, it was his understanding that according to the superintendent the SRO program was more important. He added that Council would be discussing this item later tonight during the budget approval and that if there would be a change in the STAR program staff would have to show what programs it would be replacing it with. Mr. Ly stated that he understood Rosemead City Council Meeting Minutes ol'June 23, 2009 Page 2of17 the importance of the program, given that he had participated in the STAR program himself, and that he agreed that prevention efforts needed to be continued by direct interaction with the police and the students. Council Member Armenta asked that the minutes of April 7, 2009 be deferred because she needed to clarify the amount Council Member Low had stated while referencing Oliver Chi's severance package. Ms. Armenta stated that the premium to terminate him at that time instead of July was $280,800 and that Council Member Low had stated it an amount of $304,525. 3. CONSENT CALENDAR A. Minutes March 24, 2009 - Regular Meeting April 7, 2009 - Special Meeting April 14, 2009 - Regular Meeting May 26, 2009 - Special Meeting June 2, 2009 - Special Meeting B. Resolution No. 2009-30 Claims and Demands Recommendation: Adopt Resolution No. 2009-30, for payment of City expenditures in the amount of $878,286.09 numbered 100372 through 100395 and 66321 through 66465. C. Rosemead Employee Association M.O.U. Amendment The existing Memorandum of Understanding (MOU) between the City and the Rosemead Employee's Association (REA) is effective until June 30, 2010 and includes the ability to earn up to a 5% pay increase based upon an employee's annual evaluation. As the Council is aware, the City Manager's office has been in discussions with the REA Board to waive the right to merit increases for the 2009- 10 Fiscal Year in an effort to save money and balance the budget. REA has agreed to waive any merit increases for all full and three quarter time employees and waive any potential cost of living increases for part-time staff. Recommendation: That the City Council approve the MOU Amendment between the City and the REA for the period of July 1, 2009 through June 30, 2010. D. Probation Officer Contract Renewal The City currently contracts with the Los Angeles County Probation Department for two Deputy Probation Officers (DPO's) for juvenile prevention and intervention programs. These DPO's work full-time with Rosemead youth who have been identified as at-risk or arrested for minor criminal offenses. These juveniles may have problems ranging from school performance and attendance to vandalism, Rosemead City Council Meeting Minutes of June 23, 2009 Page 3of17 theft and drug arrests. The DPO's authority allows them to work closely with the juveniles and their families to implement a variety of programs and services to help correct their behavior. Staff believes that these two DPO's are an important part of our overall public safety strategy and highly recommend that they continue. The agreement is to provide two Prevention and Intervention Program Deputy Probation Officers for the City of Rosemead. The agreement shall be effective from July 1, 2009 through June 30, 2010 with a total cost of $130,000. Recommendation: That the City Council approve the agreement with the Los Angeles County Probation Department and authorize the City Manager to sign any necessary documentation. E. Adoption of the City of Rosemead Fiscal Year 2009.10 Appropriation Limit Article XIII-B of the Constitution of the State of California was enacted by a vote of the people as Proposition 4 (the Gann Initiative) in November 1979. This law limits the level of most appropriations from tax sources that the state and most local government entities are permitted to make in any given year. It also requires that annually each governmental unit calculate its Appropriations Limits and adopt it by Resolution prior to the beginning of the fiscal year under consideration. The City of Rosemead's Appropriation Limit and Appropriations Subject to the Limit were both calculated in accordance with guidelines issued by the League of California Cities. Utilization of this approach facilitates the annual review requirement. The result of these calculations are: Appropriations Limit for FY 2010 $35,674,566 Appropriations Subject to the Limit 12,407,045 Amount under Limit $23,267,521 Recommendation: That the City Council adopt Resolution No. 2009-31 approving the fiscal year 2009-10 Appropriation Limit according to Article XI 11-B (Gann Initiative) of the Constitution of the State of California. F. Resolution Opposing the State's Potential Seizure of Gas Tax Funds The State's Budget Conference Committee has recommended that seizure of Highway Users Tax, commonly referred to as Gas Tax, for the period of two years as a measure to help balance the State's budget. The City's lobbyist, Gonsalvez & Sons, along with he League of California Cities have been strongly opposing this recommendation. The League believes that any seizure of Gas Tax is in direct conflict with the voter's approval of this tax in both 1974 and 1998 and is recommending that City's be prepared to take legal action against the state if the proposed seizure of funds is implemented. Rosemead City Council Meeting Minutes of June 23. 2009 Page 4 of 17 The City of Rosemead receives approximately $950,000 per year from Gas Tax which funds programs such as street sweeping, traffic signal operations and repair, pothole repair, street sign replacement and other street maintenance related costs. Any reduction of these funds by the State will have a significant impact on City's ability to provided necessary services and maintenance to our roads. Programs such as street sweeping not only improve the aesthetics of the community, but are also critical in maintaining our stormwater NPDES permits. Any reduction in street sweeping or street maintenance could result in a violation of our NPDES permit which could potentially result in fines and increased compliance costs. The League of California Cities has requested each city adopt a resolution apposing the illegal seizure of Gas Tax funds. While the approval of the resolution does not authorize the filing of a lawsuit by the City, it does direct the City Attorney to support and work with the League of California Cities in regards to potential legal action if the Governor supports the Budget Committee's proposal. Recommendation: That the City Council adopt Resolution No. 2009-32 authorizing the City Attorney to cooperate with the League of California Cities, other cities and counties in litigation challenging the constitutionality of any seizure by the state government of the City's street maintenance funds. G. 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 $1,294,932 of FY 2008-09 and FY 2009-10 HOME funds, plus unspent carried over funds from prior FY's, by contracting with the Rosemead Housing Development Corporation (RHDC) to administer certain HOME funded programs. Recommendation: That the City Council take the following actions: Approve a contract with the Rosemead Housing Development Corporation for the implementation of : • Owner-Occupied Rehabilitation Loan Program, and • Mortgage Assistance Program; and 2. Authorize the Mayor to execute the contract on behalf of the City. Mayor Pro Tern Gary Taylor made a motion, seconded by Council Member Steven Ly, to approve the Consent Calendar with the exception of the April 7, 2009 minutes. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Rosemead City Council Meeting Minutes of.lune 23, 2009 Page 5of17 Abstain: None Absent: None 4. MATTERS FROM CITY MANAGER & STAFF A. Park Monterey - Closure Impact Report Big Island Property, LLC (Hawaii Property, Inc.) the owner of Park Monterey, a mobile home park located at 7433 Garvey Avenue, submitted a Closure Impact Report (the "Report") to the City of Rosemead on July 21, 2008 for the change of use to Spaces 1A, 2A, and 3A. The use of these spaces will be changed from residential housing to a parking lot for a future development. The Report was forwarded to the City Council for review in September 2008. It was also reviewed by the Community Development Commission's law firm and it was found to be in compliance with the State Government Code regulating mobile home park change of use procedures. The City of Rosemead does not have an ordinance specifically related to the closure of mobile home parks therefore; the provisions of state law are applicable. According to state law, if the change of use requires no local governmental permits, the tenants must be given at least 12 month notice to vacate before the park is able to close or a change in use is allowed. Such notice was provided to the tenants of Spaces 1A and 3A in July 2008 with a notice to vacate by July 21, 2009. No notice was served on Space 2A as its owned by Big Island Property. Recommendation: That the City Council review, accept, and file the "Closure Impact Report". Economic Development Administrator Michelle Ramirez reviewed staff report Mayor Clark recuse herself from the dais at 7:47 p.m Cynthia Melendez - stated that as far as for reasonable relocation cost they were only offering $8,000 for her mobile home and $6,000 to cover moving cost. Ms. Melendez stated that when she purchased her mobile home she did not think she would be kicked out of the park. She proposed that instead of the $8,000 for the mobile home and the $6,000 for moving cost the owner buy her a mobile home exactly the same size, same conditions as her current one, in a near by park for her. She stated she felt that was reasonably fair and that $8000 was not going to pay for anything; she did not agree with that amount and felt it was not fair nor equal. Council Member Low asked what mobile home was hers. Ms. Melendez responded 3A. Marcos Benitiez - stated he agreed with Ms. Melendez and thought it was ridiculous what was being done to them. He added he had been at the park for 8 years and had gone through eight different owners. Rosemead City Council Meeting Minutes of June 23, 2009 Page 6 of 17 Gilbert Ramirez - stated he was very concern about what they were trying to do to these families. He stated he know that they had never tried to negotiate a price with the tenants and the tenants were not willing to move. He stated he was a witness that Ms. Melendez had asked to sit down with the owner and they did not do it. Mr. Ramirez continue by saying that if the city was going to follow State Law there were a lot of things that needed to be done for the residents. He asked that before the city moved forward with the project the city allow the tenants and the owners to communicate. Mayor Pro Tem Taylor asked Mr. Ramirez if he had read the report. Mr. Ramirez responded he had only read part of it. Mayor Pro Tern Taylor stated that the report covers a lot of what he had mentioned, such as, the relocation and going out to bid for a moving contract. Mr. Ramirez also added that they were not allowed to sell their mobile home even if it is an emergency. Woman in the audience speaks (inaudible). Elizabeth Kjartanson - referred her question to Big Island Property owners and asked if they were following State law why hadn't the tenants asked to purchase their own land. Linda Lester - one of the attorney's for the property owners stated was Mrs. Kjartanson was referring to was a code section that indicates that if there is an organized tenants home owners association that is formed for the purpose of purchasing the mobile home park and then the park owner decides to sell the park then they are notified of the sale. She added that Mr. Kjartanson was probably referring to the previous owners who had sold the property. Mrs. Kjartanson stated that was correct and asked why they were not given the opportunity to buy their own land. Ms. Lester responded because they did not have any legal right to it and that there was no law that stated the new purchaser had to do so. Ms. Lester responded that unless they had organized a tenants' home owners association for the purpose of purchasing the land and notified the former owner of their intention of purchasing the land and requested to be notified, the tenants have no legal rights to purchase or be notified of the sale. Mrs. Kjartanson - told Ms. Lester that if the property owner could find a mobile home of the same size as hers and at the same amount of rent they are paying currently and at the same distance of 21 miles from their mobile park they would accept that offer. She asked City Council to postpone this item to the next meeting so that this option could be explored. Ms. Lester - responded that there is a limited availability of mobile home spaces and it is not possible to find an exact duplicate at that radius. Mrs. Kjartanson responded it was because of the fact that it was not worth $14,500 and they would not be able to find a mobile home at that price. Rosemead City Council Meeting Minules ofJune 23, 2009 Page 7 of 17 Ms. Lester responded that it was not required by State law that the owner find a replacement but it was State law that the owner fund relocation benefits and they had offered the tenants a generous relocation benefit of $8,000, in addition to if they could not sell their mobile home the owner would purchase it at it's appraised value. Ms. Lester added that Mrs. Kjartanson had stated she had lived in the mobile home for over 20 years and that in fact she had only lived there for a couple of years; she had lived in another space in the park previously. Mrs. Kjartanson responded that she had lived in the park since she was 1 years old. Ms. Lester reiterated that Mrs. Kjartanson had only lived in space 3A for a couple of years. Mrs. Kjartanson responded that was not true that her mailing address had always been the same expect for 3 years when she lived in another space. Mayor Pro Tem Taylor suggested that the tenants read the report. Mrs. Kjartanson replied that she had read it and completely disagreed with it as did her mother and Mr. Benitez. Woman speaks from the audience (inaudible). Mayor Pro Tem Taylor stated that in the report it stated that the park owners had tried to contact the tenants from 1A and 3A (space 2A is vacant) numerous times. Mr. Kjartanson replied that never once had that happened and that she tried to contact Ms. Lester once in July and was unsuccessful. She asked Council to please defer this item so that there be an opportunity for the tenants and the park owners to have a sit down because she did not think the city would want to have their residents kick out to the street. Mayor Pro Tem Taylor stated the city did not want to see that but at the same token the city had an obligation to make sure the law is followed and the plan was implement to meet the State requirements. Council Member Ly asked what the appraisal value was from the tenant side Ms. Lester reiterated that the appraisal value was $6,000 in addition to the $8,000 for relocation benefits and that the appraisal was not in place value because if the owner had to pay in place value that would be forcing the owner to pay the tenant for his own land, which is very unfair. She also added that there had been a meeting scheduled, with the assistance of the city, back in January or February and Mrs, Kjartanson cancelled. Council Member Ly asked Mrs. Kjartanson what the amount of her appraisal was. Mrs. Kjartanson stated they hadn't gotten one since the past six months but the appraisal they had received was of $33,000. She added she wanted this item differed because she would like to get a current appraisal and their own independent impact report. Rosemead City Council Meeling Minutes of June 23, 2009 Page 8 of 17 Council Member Ly asked the City Manager what role could be taken from the city at this meeting Mr. Allred replied that the recommendation was to approve the report; however, it could be deferred to the next meeting in the effort that the parties can get together and talk and maybe resolve some of their differences. Council Member Ly stated that one of the differences is that there was a huge disparity in the appraisals and asked if there was something the city could so, such as, conducting the city's own appraisal. Mr. Allred responded it that it was possible to conduct an independent appraisal by the city utilizing redevelopment funds. Mayor Pro Tem Taylor stated that Council should defer that action because this is the opening property and the report states there are 39 other park unit spaces. Ms. Lester responded there are a total of 39 spaces and actually several of them are vacant. She also stated that Mrs. Ramirez might had misspoken when she stated that the owner had offered to let them move to another mobile home, what the offer was to allow the tenants to move their mobile home to another space in the back of the park and that offer was rejected. Woman spoke from the audience (inaudible). Mr, Allred stated it was important to speak into the microphone so that the conversation could be recording in the city's recording system. Mrs. Melendez stated that what she had said was that it was about the quality of life and it was not fair that the park owner was going to kick her out and that what was fair is that the owner put her in a place equal to where she is living now. Mayor Pro Tern Taylor stated that at this point it was up to the park owner and the tenants to get together and find an agreement between them. Mr. Taylor also stated that this item could be deferred to the next meeting and be brought back with the two appraisals from each side. He also asked if these mobile homes depreciated in value over the years. Mrs. Kjartanson replied definitely and that her mobile home was 28 year old Mayor Pro Tem Taylor stated that 1A was a 42 year old mobile home. Mrs. Melendez stated that she was willing to sit down with the owners and negotiate but that what they were offering was not enough and added that the owner had just paid another mobile home owner $25,000. Ms. Lester responded that she did not think that was accurate. Rosemead City Council Meeting Minutes of June 23, 2009 Page 9 of 17 Council Member Ly stated that he agreed this item should be deferred to the next meeting but didn't feel it should be deferred further than that. He added that in addition to the appraisal from the owner and the tenants the city should conduct their own independent appraisal. Mr. Ly reiterated that it was important to make a decision at the next meeting and not delay this item further. Mr. Allred stated he was glad that both parties had agreed to meet and discuss this item because that hadn't been done before and stated that the city would be happy to facilitate that meeting and conduct its own neutral appraisal. Council Member Low stated it this was a great idea so that the residents could be assisted in the process. Council Member Armenfa stated she also agreed and asked the residents to please get all their documentation together given that the time line for this item had been extended for 3 weeks. City Manager Allred informed the tenants and Ms. Lester that their meeting and negotiations needed to occur on or before July 9th, as well as, any information submitted to the city because that was the deadline for the July 14th agenda meeting. Council Member Steven Ly made a motion, seconded by Council Member Polly Low, to defer Item No. 4A to the following City Council meeting and have the city conduct its own appraisals utilizing the redevelopment agency low-moderate housing fund. Vote resulted in: Yes: Armenta, Low, Ly, Taylor No: None Abstain: None Absent: None Recuse: Clark B. Adoption of the City of Rosemead's Fiscal Year 2009-10 Annual Operating and Capital Improvement Budget The City of Rosemead's fiscal year 2009-10 Annual Operating and Capital Improvement Budget is as follows: Total Appropriations FY 2009-10 - $30,551,880 Recommendation: That the City Council adopt Resolution No. 2009-33 approving the fiscal year 2009-10 Annual Operating and Capital Improvement Budget in the amount of $30,551,880. City Manager Allred informed the Council that since the budget workshop staff had gone back and worked on the budget and was presenting a budget with a surplus of approximately $12,000. Assistant City Manager Hawkesworth reviewed the staff report. Mr. Hawkesworth reviewed the Capital Improvement projects and provided Council with a PowerPoint presentation (one is available at the City Clerk's office.) Rosemead City Council Meeting Minutes ofJune 23, 2009 Page 10 of 17 Mayor Pro Tem Taylor asked for clarification, if Wal-Mart had deposited $20,000 for a blinking light. Mr. Hawkesworth responded he did not know the specifics of their deposit. Mayor Pro Tem Taylor stated that he believed it was a deposit of $20,000 or to be funded for 20 years. Assistant City Manager Saeki replied that Wall-Mart deposited in an escrow account the amount of $125,000 for any traffic improvements that would be warranted for the period of 20 years. Mayor Pro Tem Taylor asked if staff can give council a memo with the specifics that involved Delta, Rush and the school. Mr. Saeki stated he would give council a memo on the information requested. Mr. Hawkesworth continued with his presentation. He stated that this evening staff would be focusing on the four issues that Council had specific concerns on during the budget workshop. The first item was the recommendation of moving the day time care program to an evening sports program, that recommendation was being withdrawn. Staff was informed after the budget workshop that Woodcraft Rangers were going to have to operate next year with significant reduced funds; therefore, the city wanted to ensure that the children would have proper daycare during the day if needed. Second item was the animal control proposal, staff forwarded information to the City Council with the specific fee amounts of the County's housing and canvassing fees. Mr. Hawkesworth stated that he had sent additional information to the Council regarding the STAR program. He added he had met with school officials, the city's lieutenant, and the new City Manager and all shared the same concern about taking Sheriff out of the schools. The schools main focus is that the city continue providing the three primary approaches, which include prevention, suppression, and intervention. Also it is important to school officials that the city continue with the sheriffs presence in the schools and with the drug and alcohol prevention program. Staff is more than certain that there is a workable solution to utilizing the city's current special assignment officers to continue with the prevention programs and to continue having a presence in the schools. City Manager Allred added that Lieutenant Murakami had looked into ways to maintain contact with the students and the sheriffs in the campus. Mr. Hawkesworth added that the STAR program officer is not stationed in the schools and by replacing her with the city's special assignment deputies this will provide the students with a familiar face and will feel more comfortable seeing them around. Council Member Armenta stated that when she was in grade school they had a deputy that everyone knew and he was not in the STAR program. Mayor Clark asked if it was possible to receive continues updates on how the new program is going to ensure that it is working as good or as effective as the STAR program Rosemead City Council Meeting Minutes gfJune 23, 2009 Page 11 of 17 Mr. Hawkesworth responded that most of the school officials are currently on summer vacations but that as soon as they returned in July staff will meet with them and ask them for continues updates. Mayor Clark asked if the program wasn't working if the city could go back to the STAR program. Mr. Hawkesworth responded that you can always go back to the STAR program. He added that staff had presented this as a suspension of the program not an elimination of the program and that once the economy was better, the city could go back to the STAR program if Council wished to do so. Mayor Clark addressed the issue with having the Parks and Recreation Department shift all of their senior programs over to the Garvey Center and thought that would not work. Mrs. Clark asked that the senior lunches and all the senior morning activities be kept at bother centers and that the afternoon programs be more focused on teen activities. She stated that this way the seniors would not be displaced and that the youth was in school during the day anyway with the exception of summer. Director of Parks and Recreation Montgomery-Scott stated that the biggest concern with the senior programs is that it is run in several prongs; one element is that the classes that are run by the city and Rosemead/El Monte Adult School can run as long as four in the afternoon and at that point it would be a conflict. Mayor Clark asked if the proposal stated that all the senior classes would be moved to the Garvey Center. Mr. Montgomery-Scott replied that anything that was senior would fit the proposal but that there would be adult and youth classes that would remain at both centers. Mayor Clark stated that her biggest concern was the senior lunch program because they were use to going to the center of their choice. She added that she did not see it as a cost savings because the program was still going to be provided to the same people and was not worth the disruption. Council Member Ly asked what the cost savings was Mr. Montgomery-Scott responded that it was a savings of $22,000 in staff cost; it is the difference in running two duplicate programs and shifting resources, there would be less part-time employees involved in the program if it was ran in one single site. Council Member Ly asked if what Mr. Montgomery-Scoff was saying was that the city was running an exact program everyday simultaneously at both centers. Mr, Ly also asked what was the distance between both centers, Mr. Montgomery-Scott responded that was correct and that the distance was approximately one mile and a half. He added that the vast majority that are going to both centers are either self transported or using some sort of shuttle service and of those who walk to the center there are only about 5 -10 at either center; those who would need transportation from the Rosemead Center to the Garvey Center can easily be transported by the city's Dial-A-Ride program. Rosemead City Council Meeting Minutes of June 23, 2009 Page 12 of 17 Mayor Clark asked how many people the Garvey Center room holds. Mr. Montgomery-Scott responded that for special events the biggest room has the capability of holding between 200 and 225. Council Member Low stated that if the seniors were moved from RCRC to the Garvey Center there would be no problem accommodating them because the total attendance at both centers was approximately 170. Mayor Clark stated that she did not feel $20,000 was worth disrupting seniors who were use to doing something everyday and did not think the city was in that big of a financial bind. Council Member Ly stated it that he thought freeing up the RCRC for youth and young adult programs would be a great impact. He stated he thought it would be beneficial to the city to consolidate the program and really expand the other center and make a big dent on creating new programs during a recessionary period. He stated that the more programs the city is able to offer the better it is prepared to deal with any future public safety problems. Mr. Ly stated that he viewed this as a huge possibility to reach out to the youth community who had not been offered programs in the past. Council Member Armenta asked if any of the adult or senior classes that were being offered at the RCRC would be taken away. Mr. Montgomery-Scott responded there would be no dismissal of any programs and the only classes that would be considered to cancelled would the duplicate classes that already exist, for example, there is a line dancing program that is held at both centers and in that case there wouldn't be the need to have both programs because they are serving the same element of the community. Council Member Armenta stated that having worked in Parks and Recreation and the lunch program she saw this as an incentive for the seniors because she knew most seniors went to the lunch program because of the classes that were being offered at the centers. She added that if more classes were being offered at one center then that would serve as an incentive for seniors to attend. Ms. Armenta added that she knew that in the past seniors would jump from one center to another depending on what classes were being offered where. Mr. Allred added that these changes would not be implemented until September and that there would be an opportunity to informed the community about the change and gather any complaints or solve any problems that may arise. Council MemberArmenfa asked if there had been any surveys given to the seniors regarding the changes. Mr. Montgomery-Scott replied that this issue was not taken to the seniors because it was appropriate to presented to Council first. Mayor Clark stated that it wouldn't matter because if the item was voted on today the changes would be implemented. Rosemead City Council Meeting Minutes of June 23, 2009 Page 13 of 17 Council Member Ly stated that if the city saw a significant drop of attendance in the senior program it could always go back to what it was before the changes but that it was worth a try to be able reach a community that had never been properly served. Council Member Armenta stated it was going to be difficult to vote on this issue because she agreed with the Mayor about the seniors being set on there own ideas and that once they were use to a certain thing it was hard for them to change to another situation. Council Member Low encouraged staff to work closely with the seniors at the RCRC and communicate with them and ensure them that they would be properly accommodated if moved to the Garvey Center. Mrs. Low stated that she felt it was important to reach out to the youth community and that by doing the consolidation of the senior program the city would be saving money. Council Member Armenta asked if there was a possibility of going back tot the senior program if the change was not successful. Mr. Montgomery-Scott replied that going back to the senior program would take a bid of time because of the consolidation of classes but that it was certainly doable. Council Member Ly stated he had a question on page 6 of the budget report regarding the possibility of the State taking the city's gas tax and asked staff if there was a contingency plan if this happened. Mr. Hawkesworth responded that he had a conference call with the Director of the League of California Cities and he had informed him that the league had been authorized to take legal action against the State if in fact they did enact this. Council Member Low stated that the city needed to do everything possible to keep the State from borrowing or taking any money from the city. Council Member Ly stated that he had recently attended the Chamber of Commerce retreat and they had been informed that they had selected a new Executive Director. He stated that the city contributed a sizeable amount to the Chamber and would like to see an addendum to the contract with a list of goals for the Chamber of Commerce. He added that he believed the Chamber had great potential and did a good job in reaching out to the businesses and just wanted to make sure that the city was getting a good return for their investment. Mr. Allred responded that before the city issues any payments staff will sit with the Chamber of Commerce to establish these goals. Council Member Low stated that she knew a lot of cities had trouble balancing their budget and thought it was amazing that Rosemead's budget was positive. Mrs. Low thanked staff for doing a great job on balancing the budget. Rosemead City Council Meeting Minutes of June 23. 2009 Page 14 of 17 Council Member Steven Ly made a motion, seconded by Council Member Polly Low, to approve Resolution No. 2009-33 approving the fiscal year 2009.2010 Annual Operating and Capital Improvement Budget in the amount $30,551,880. Vote resulted in: Yes: Armenta, Low, Ly No: Clark, Taylor Abstain: None Absent: None Mayor Clark stated that her no vote was related to the senior program issue but that other than that it was a great budget. Mayor Pro Tem Taylor stated he voted no because he wanted staff to go back and look at how the budgets were prepared five years ago. They included every line item from each department and did not include any of these consolidations where it has general overhead expenses and such grouped together and council is not able to separate each item. 5. MATTERS FROM MAYOR & CITY COUNCIL A. Ordinance 875 - Second Reading: Planning Commissioner Terms of Office On May 26, 2009, the City Council held a special meeting to interview and appoint new Planning Commissioners. The City Council interviewed various candidates and appointed William Alarcon, Nancy Eng, Diana Herrera, Joan Hunter, and Victor Ruiz. On June 9, 2009, the City Council reviewed the ordinance to re-establish staggered terms for the Planning Commission. Ordinance 875 is now before Council for the required second reading. In addition, the Mayor shall select names at random to appoint two commissioners to serve a one year term. Recommendation: That the City Council adopt Ordinance 875 and the Mayor randomly select two commissioners to serve a one year term. Interim City Attorney Montes reviewed the staff report. Council Member Steven Ly made a motion, seconded by Council Member Polly Low, to adopt Ordinance No. 875. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None The City Clerk selected at random (pulling two names from a hat) Nancy Eng and William Alarcon to serve a one year term in the Planning Commission. Rosemead City Council Meeting Minutes of June 23, 2009 Page 15 of 17 Council Member Sandra Armenta made a motion, seconded by Council Member Steven Ly, to approve Commissioner William Alarcon and Commissioner Nancy Eng to serve a one year term on the Planning Commission. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None B. Accountability of Non-Profit Organizations that Receive City Funding Over the past several years the City has contributed approximately $115,000 to community based non-profit organizations and public schools. Several Council Members have expressed concern about the lack of formal guidelines and standards for such contributions. City staff has developed a proposed Administrative Policy to govern any future funding requests by such organizations. Prior discussions have occurred regarding the need to have the requesting organizations comply with an approved policy that contains guidelines and standards. Listed below are the organizations that have received funding over the last two fiscal years: Rosemead Rebels (Football Equipment) - $17,156 M. Janet Chin Youth Foundation (Programs) - $25,000 Rosemead Youth Association (League costs and IRS fines) - $15,000 Rosemead Youth Association (IRS fines) - $9,890.43 Savannah Cemetery (Wrought iron fence) - $14,268.92 San Gabriel High School (Washington DC Trip) - $20,000 San Gabriel High School Football Team (Uniforms) - $15,000 Recommendation: That the City Council approve Administrative Policy 50-04 and provide direction regarding the accountability of organizations that previously received funding. City Manager Allred reviewed the staff report. Council Member Ly stated he wanted to note that he asked staff to also include in the policy to request a report from organizations that the city had donated money to. Mr. Ly stated that the Janet Chin Foundation and the RYA organizations stood out because they had both received $25,000 in total donations from the city. He asked that staff request a board list and information on what the money had been spent on to ensure accountability for these organizations. Mr. Ly also requested that the policy include a request from the organization to submit to the city their annual financial statements after the money was received for 5 years instead of 2 years. Rosemead City Council Meeting Minutes of June 23, 2009 Page 16 of 17 Mayor Pro Tern Gary Taylor made a motion, seconded by Council Member Polly Low, to approve Administrative Policy 50-04. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None 6. COMMENTS FROM CITY COUNCIL Council Member Armenta thanked Aileen Flores and Mandy Wong for doing a great job with the Relay for Life event and putting it together on behalf of the City of Rosemead. She added it that it was really emotional to see the lighting ceremony and watching people walk at night with light stick. Ms. Armenta stated this was emotional for her because cancer had affected her family. Mayor Clark also thanked Aileen Flores for the event and recognized that she had stayed overnight during the event. Mayor Pro Tem Taylor stated that at the last meeting the formal Planning Commissioner had not received plaques for their services and stated he thought it was due back for this meeting. City Clerk Molleda responded that he was correct and that those Commissioners would be recognized at the following meeting. Council Member Ly asked staff to put together a program list that would be replacing the STAR program. He stated he wanted to see the reserve policy again because at the last meeting Council was not happy with the fact that staff mentioned that there was only $6 million on reserve and just wanted clarification. Mr. Ly also wanted to thanked Aileen Flores for putting together the Relay for Life event. Council Member Armenta stated she also wanted to thank Sean Sullivan for his participation in the Relay for Life event. Council Member Low stated she thought it was a great event and it was great to see staff participating in the event. 7. ADJOURNMENT The meeting adjourned at 9:12 p.m. The next regular City Council meeting is scheduled to take place on July 14, 2009 at 7:00 p.m. ATTEST: Margaret Clark Mayor Gloria Molleda, City Clerk Rosemead City Council Meeting Minules of June 23, 2009 Page 17 of 17