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CC - Agenda 11-18-08Public Comment from the Audience • If you wish to address the City Council, please complete a Speaker Request Card, as it must be handed to the City Clerk before the start of fhe meeting. • The City Council will hear public comments on matters not listed on the agenda during the Public Comments from the Audience period. • Opportunity to address the City Council (on non-agenda items) is limited to 3 minutes per speaker. • The City Council will hear public comments on items listed on the agenda during discussion of the matter and prior to a vote. Brown Act Pursuant to provisions of fhe Brown Act, no action maybe taken on a matter unless it is listed on fhe agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration of a future City Council meeting. Rules of Decorum Persons attending the meeting shall observe rules of propriety, decorum, good conduct, and refrain from impertinent or slanderous remarks. Violation of this rule shall result in such persons being barred from further audience before the governing body. Pursuant to Gov. Code Sect. 54954.3(c), any person who engages in unlawful interference shall be removed from chambers. Americans with Disabilities Act In compliance with the ADA, if you need special assistance to participate in this meeting, please contact the City Clerk's office at least 48 hours prior to the meeting to allow the City to make reasonable arrangements fo ensure accessibility to the meeting or service. This agenda was posted 72 hours in advance of the meeting at the City Hall, 8838 E. Valley Boulevard, Rosemead; the L.A. County Library, Rosemead Branch, 8800 E. Valley Boulevard, Rosemead; and other locations pursuant to RMC Sec. 1.08.020. Any writings or documents provided to a majority of the Rosemead City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office during normal business hours. Rosemead City Council AGENDA November 18, 2008 7:00 PM City Hall Council Chambers 8838 E. Valley Blvd., Rosemead, California 91770 www.cityofrosemead.org John Tran, Mayor John Nunez, Mayor Pro Tem Margaret Clark, Councilmember Polly Low, Councilmember Gary Taylor, Councilmember ROSEMEAD CITY COUNCIL AGENDA ADJOURNED MEETING November 18, 2008 • CALL TOORDER - 7:00 PM • PLEDGE OFALLEGIANCE -Council Member Clark • INVOCATION -Council Member Low • ROLL CALL - Mayor Tran, Mayor Pro Tem Nunez, Council Members Clark, Low, Taylor 1. PUBLIC COMMENT FROM THE AUDIENCE 2. CONSENT CALENDAR A. Minutes September 23, 2008 -Regular Meeting October 14, 2008 -Regular Meeting October 28, 2008 -Regular Meeting B. Resolution No. 2008-74 Claims and Demands Recommendation: Adopt Resolution No. 2008-74, for payment of City expenditures in the amount of $1,086,112.99 numbered 59901 through 59938 and 64158 through 64304. C. Resolution No. 2008.75 Claims and Demands Recommendation: Adopt.Resolution No. 2008-75, for payment of City expenditures in the amount of $934,489.58 numbered 59939 through 59980 and 64305 through 64414. D. Ordinance 867 -Second Reading: Zone Change 05-223 Southern California Edison Right-of-Way on the South Side of. Marshall Street between Earle Avenue and Rockhold Avenue (APN: 5371-013-801) On October 28, 2008, the City Council reviewed the proposed Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program at the first public hearing, which resulted in a motion of approval. The project is now before Council at the required second reading. Recommendation: That the City Council adopt Resolution No. 2008-72 and Resolution No. 2008-73. E. Resolution Approving City Payment of the Employer Paid Member Contribution (EPMC) Since the City first signed a contract with CaIPERS on August 1, 1992, the City has been paying the employee's portion of the member contribution (EPMC) required by CaIPERS. CaIPERS recently conducted an audit of all their member files to ensure compliance with all Internal Revenue Code and California Government Code sections related to retiree benefits and discovered that the City has never approved the necessary resolutions Page 2 of 7 ROSEMEAD CITY COUNCIL AGENDA ADJOURNED MEETING November 18, 2008 related to the payment of the EPMC. On October 3, 2008 City staff was notified of this necessity and was informed by CaIPERS that the require resolutions must be adopted prior to December 31, 2008 or the Internal Revenue Service would no longer allow the City to make the EPMC payments. Recommendation: That the City Council adopt Resolution No. 2008-77 and Resolution No. 2008-78 authorizing payment of EPMC under Internal Revenue Code Section 414(h)(2) and California Government Code Section 20691. F. Request for Stop Signs at Jackson Avenue and Garvalia Avenue On September 4, 2008, Traffic Commission reviewed a request to add afour-way stop at the intersection of Jackson Avenue and Garvalia Avenue. After visiting the site, staff found that current traffic conditions do not warrant the additiori of stop signs due to low traffic volumes. However, after considering additional visibility concerns, the Traffic Commission decided that afour-way stop was warranted at this location. At the request of the City Council, the City's traffic engineer prepared a memorandum explaining the other factors that may be considered when adding a stop sign at a location. Based on the existing conflicts for left turning vehicles onto Jackson and additional visibility constraints, the traffic engineer agrees that adding stop signs is appropriate. Recommendation: That the City Council approve the Traffic Commission's recommendation and authorize staff to take necessary steps to install afour-way stop intersection at Jackson Avenue and Garvalia Avenue. G. Traffic Study Priorities During Fiscal Year 2007-08, staff noticed an increase in the number of traffic study requests. Traffic studies typically fall into two categories, routine studies or special studies. Routine studies include requests to add roadway markings, roadway signage, and traffic safety improvements. Special studies include more time and analysis, including the development of traffic policies, parking studies, and citywide traffic improvements. Both routine and special studies are conducted in response to citizen requests, petitions, _ and business requests, among others. Due to budget constraints and the cost involved in preparing traffic studies, staff worked with the Traffic Commission to review the process for requesting special traffic studies, as well as the cost and work time associated with them. Over the past several months the Commission has compiled its priority list for special studies and prepared them for the City's Council's consideration. Recommendation: That the City Council review the Traffic Commission's priority list of traffic studies and authorize staff to start working on the three recommended projects. Page 3 of 7 ROSEMEAD CITY COUNCIL AGENDA ADJOURNED MEETING November 18, 2008 H. Housing Element Request for Proposals The State of California requires that all cities prepare and adopt a Housing Element every five years (Government Code sections 65580-65589.8). The Housing Element must include identification and analysis of existing and projected housing needs, resources and constraints to address these needs, overall housing goals and policies, and scheduled programs for the maintenance, improvement and development of housing for all economic segments of the community. The Rosemead Housing Element was last prepared and approved by the State in June 2002 and must now be updated and resubmitted to~ the State for their review and consideration. Recommendation: That the City Council authorize staff to issue a Request for Proposal to seek and obtain a qualified professional consultant to update the Housing Element in accordance with State Law. Approval and Authorization to Solicit Engineering Proposals to Develop a Sewer System Management Plan In accordance with the State Water Resources Control Board (SWRCB) Order No. 2006- 0003-DWQ, public agencies are required to develop and implement a Sewer System Management Plan (SSMP). The mandate includes the requirement to properly manage, operate, and maintain all parts of the City's local sanitary sewer system, including the mitigation of any potential sewer overflows. Recommendation: That the City Council: 1. Approve the scope of work for the development of the City's Sewer System Management Plan. 2. Authorize staff to solicit proposals from the four (4) qualified on-call engineering consulting firms, currently on contract with the City. J. Radar Speed Survey -Rosemead Boulevard The California Vehicle Code requires that the City conduct a citywide speed analysis (Radar Speed Survey) of local streets every 7 years in order to allow the use of radar in speed enforcement of local streets. For state-owned highways the City must complete the analysis every 10 years for speed limits to be enforceable. To meet this requirement, staff has coordinated an analysis to evaluate the existing. speed zones with the City of Rosemead. Recommendation: That the City Council introduce Ordinance No. 869 establishing the speed limit zones contained in the Rosemead Municipal Code. Page 4 of 7 ROSEMEAD CITY COUNCIL AGENDA ADJOURNED MEETING November 18, 2008 3. MATTERS FROM CITY MANAGER 8~ STAFF A. Proposed Changes to ParklSports Facility Use Polices and Fees City of Rosemead parks, pools, and sports facilities are in very great demand by residents, community organizations; youth sports groups, "travel" clubs/teams, schools, non- residents, and City of Rosemead youth .and adult sports programs. These facilities include Rosemead Park and Pool, Garvey Park and Pool, and the Jess Gonzalez Sports Complex. The City of Rosemead has not reviewed the policies or fees governing these facilities since 1993. It is necessary to do so as we strive to maintain high quality programs, facilities, and services, provide for long term maintenance, reduce program subsidies, and because current rates do not reflect the cost increases that have occurred in the 15 years since they were established. As a result, Rosemead adsorbs most of the supervision, maintenance and field preparation, and lighting costs associated with use of these facilities. A survey of surrounding cities indicates that existing fees are much lower than those of other cities. In order to decrease the City's costs associated with use of these facilities, staff recommends consolidating supervision and expanding the responsibilities of regular user groups (i.e., youth sports groups). First, two staff would be assigned to supervise all sites during evening and weekend use in lieu of assigning one staff to each of three sites. Further, select user groups would assume responsibility for direct supervision of the facilities that they regularly use. They would also handle field preparation and minimal maintenance of those facilities. All cities surveyed currently operate in this manner. Reductions in staff costs will be achieved by transferring the responsibility for field preparation, setup, and direct supervision to the regular users and reducing the number of City staff involved in supervision. Recommendation: That the City Council approve the proposed facility application including rules and regulations, fee schedule, and cancellation policy, and regular user responsibilities as outlined effective January 1, 2009. 4. MATTERS FROM MAYOR & CITY COUNCIL A. Resolution Supporting the Funding, Development, and Operation of the San Gabriel River Discovery Center At the request of Mayor Pro Tem Nunez information regarding the funding, development, and operation of the San Gabriel River Discovery Center was put on the agenda for City Council's discussion and possible support. The mission of the San Gabriel River Discovery Center (SGRDCA) is to inspire environmental stewardship by providing accessible and engaging watershed and environmental education to the public. The SGRDCA is asking for the support of cities to collaborate in any future outreach for the Discovery Center Project by approving a resolution. Page 5 of 7 ROSEMEAD CITY COUNCIL AGENDA ADJOURNED MEETING November 18, 2008 Recommendation: That the City Council formalize the City's position on supporting the funding, development, and operation of the San Gabriel River Discovery Center and discuss whether to approve Resolution No. 2008-76. B. Revised Community Center Rates and Polices At the request of Councilmember Gary Taylor, information regarding our recently adopted facility policies and user fees was put on the agenda for City Council's discussion. City Council approved the application and Policies and Guidelines for use of Rosemead and Garvey Community Centers at its regular meeting on May 13, Several factors guided the revision process including a disproportionate level ofnon-resident use, exposure to liability, the absence of a long-term maintenance plan, and, because rates and policies had not been reviewed since 1993. Team members conducted a survey of other local cities for comparison. Even after the increase, we remain well below the average in the region. The largest increase is for non- residentuse of facilities (their rates are an average of 50% higher than those of residents). In.addition to rate increases, several key policy changes were effected. First, an insurance requirement for all "general public" use was mandated per the recommendation of CJPIA. We created a Building. Maintenance Fund by setting aside 10% of all facility use fees. We also clarified our use policy. The revised policy identifies "the City of Rosemead, other government, and Rosemead- , recognized Community Service/Non-Profit Organizations" as having priority use. It makes a fee exemption possible to specified groups. However, to qualify for. the exemption, organizations must prove (A) current non-profit status and (B) demonstrate that they provide services that are of significant direct benefit to the community or a significant portion of its residents and is open to the public and in compliance with non-discrimination laws. Lastly, current policy limits facility use to "recreation, social, educational, or governmental functions only." The proposed rate and policy changes were designed to improve and expand use of City facilities, deter abuses of facilities, eliminate undue liability, and increase revenues. Recommendation: That the City Council discuss this item and provide staff with direction. C. Resident Concern Regarding Non-English Instruction in Special Interest Classes Recently, a resident expressed concern about non-English instruction in a City of Rosemead Special Interest Class (SIC) to Council Member Clark. It appears that the resident also inquired as to the legality of offering such classes and any potential liability faced by the City as a result of this practice. Page 6 of 7 ROSEMEAD CITY COUNCIL AGENDA ADJOURNED MEETING November 18, 2008 Of the sixty-nine SIC classes offered by the City of Rosemead there are five for which English is not the primary language of the instructor. These five classes are offered at the Garvey Center and include Latin Dance, Social Dance, Chinese Fitness Dance, Advanced Ballroom, and Violin. Furthermore, in the City's Parks & Recreation brochure, these classes are listed as being taught by instructors who have limited English language ability. An initial legal evaluation of the issue suggested that the City of Rosemead has no apparent legal liability by offering some classes for which English is not the primary language of the instructor. In an effort to make our contract classes more equitable for al members of the Community Council Member Clark has requested that staff investigate the possibility of implementing some type of requirement to ensure that concerns about the City's SIC are addressed. Among the potential solutions suggested include the possibility of requiring translators at such classes or requiring a minimum standard of English proficiency for all class instructors. Recommendation: That the City Council provide direction in regards to the matter of English language instruction for Special Interest Classes. 5. CLOSED SESSION The City Council will recess to a Closed Session pursuant to: 1) Government Code 54956.9(a): Conference with Legal Counsel -Existing Litigation Name of Case: Randy Haro and Robert Ballin v. City of Rosemead 6. ADJOURNMENT The next regular City Council meeting is scheduled to take place on December 16, 2008 at 7:00 p.m. Page 7 of 7