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CC - Agenda 12-16-08Public Comment from the Audience • If you wish fo address fhe City Council, please complete a Speaker Request Card, as it must be handed to the City Clerk before the start of the meeting. • The City Council will hear public comments on matters not listed on fhe agenda during the Public Comments from the Audience period. • Opportunity to address the City Council (onnon-agenda items) is limited fo 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 the Brown Act, no action maybe taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at 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 fo the meeting to allow the City to make reasonable arrangements to 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 7 December 16, 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 December 16, 2008 • CALL TOORDER - 7:00 PM • PLEDGE OFALLEGIANCE -Council Member Low • INVOCATION -Council Member Taylor • ROLL CALL -Mayor Tran, Mayor Pro Tem Nunez, Council Members Clark, Low, Taylor • PRESENTATION -.Rosemead High School Football Team 1. PUBLIC HEARING A. Municipal Code Amendment 08-01- A Request to Amend Zoning Ordinance Section 17.56.050(8), Light Manufacturing and Industrial, Permitted Uses, to Allow Live Poultry Slaughtering and Processing with our Without Retail Sales as a Permitted Use Mr. Quan Phu, owner of the Cal Poultry slaughtering and retail facility located at 8932 Garvey Avenue, has submitted an application requesting a municipal code amendment to allow poultry slaughtering and processing, with or without retail sales,~as a permitted use in the Light Manufacturing and Industrial (M-1) zone. Recommendation: That the City Council approve the Negative Declaration and adopt Ordinance No. 868, modifying the zoning code with respect to permitted uses in the M-1 (Light Manufacturing and Industrial) zone, thereby approving Municipal Code Amendment 08-01. 2. PUBLIC COMMENT FROM THE AUDIENCE 3. CONSENT CALENDAR A. Minutes October 14, 2008 -Regular Meeting November 18, 2008 -Adjourned Meeting B. Resolution No. 2008-80 Claims and Demands Recommendation: Adopt Resolution No. 2008-80, for payment of City expenditures in the amount of $1,542,961.16 numbered 59982 through 60022 and 64415 through 64574, C. Resolution No. 2008-83 Claims and Demands Recommendation: Adopt Resolution No. 2008-83, for payment of City expenditures in the amount of $962;122.31 numbered 60023 through 60076 and 64575 through 64691. Page 2 of 10 ROSEMEAD CITY COUNCIL AGENDA ADJOURNED MEETING December 16, 2008 D. California Contract Cities Association -Legislative Orientation Tour The 2009 Annual Sacramento Legislation Orientation Tour will beheld on January 12-14, 2009 in Sacramento, CA. Recommendation: That the City Council authorize any Council Member, the City Manager, and staff designee to attend the event at City's expense. E. League of California Cities 2009 Mayors and Council Members Academy, The League of California Cities 2009 New Mayors and Council Members Academy will be held on January 21-23, 2009 in Sacramento, CA. Recommendation: That the City Council authorize any Council Member, the City Manager, and staff designee to attend the event at City's expense. F. Authorization to Attend National League of Cities 2009 Annual Congressional City Conference The National League_of Cities 2009 Annual Congressional City Conference will be held on March 14-18, 2009 in Washington, DC. Recommendation: That the City Council authorize any Council Member, the City Manager, antl staff designee to attend the event at City's expense. G. Radar Speed Survey -Second Reading and Adoption of an Ordinance Update the Speed Limit Zones in the City of Rosemead At its November 18, 2008 meeting, the City Council introduced an ordinance that updates the speed limit zones Citywide. The California Vehicle Code requires that the City conduct a radar speed survey analysis every seven 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 ten years for speed limits to be enforceable. Recommendation: That the City Council adopt Ordinance 869 on Second Reading. H. Resolution Reciting the Fact of the Special Municipal Election held November 4, 2008 and Declaring the Results as Required by Law On December 9, 2008, the City Clerk's office received the final official statement of votes cast and the Certificate of the Canvass of the election returns for Measure CC from the County of Los Angeles, Election Department. The final tally for that election came to 3845 votes yes, and 6399 votes no. Resolution No. 2008-84 which declarers the official results of the election for Measure CC, is submitted to City Council for approval. Page 3 of 10 ROSEMEAD CITY COUNCIL AGENDA ADJOURNED MEETING December 16, 2008 Recommendation: That the City Council adopt and approve Resolution No. 2008-84. Mission Drivellvar Avenue Visibility and Sidewalk Concerns The Traffic Commission reviewed a request to add street markings, a flashing beacon, in- road warning lights, and a crossing guard at the intersection of Mission Drive and Ivar Avenue. After visiting the site,~staff recommended that the existing street marking be updated and that red curbing be added on the north side of Mission Drive to help improve visibility concerns. Staff also found that existing conditions do not warrant the implementation of additional traffic control devices at this location. Based on these observations, the Traffic Commission approved staff's recommendation to update street markings, add red curbing, and deny the request to add new traffic control devices. Recommendation: That the City Council approve the Traffic Commission's recommendation and authorize staff to take necessary steps to implement traffic safety enhancements at Mission Drive and Ivar Avenue. J. Approval of Specification and Authorization to Solicit Proposals for Citywide Parks, Facilities, and Public Right-of-Way Landscape Maintenance Services The City of Rosemead currently uses outside contractual services to perform landscape maintenance at its parks, facilities, roadway medians, and parkways. Services performed by contract landscape maintenance crews include turf mowing, turf edging, blowing, turf aeration, weed eradication, pest control, and general cleanup. These services are critical to ensure that the City's public landscaped areas are maintained contract with Mariposa Horticultural Enterprises expired in June 2007 and the City has continues to work with mariposa on amonth-to-month. Recommendation: That the City Council approve the specifications for landscape maintenance services and authorize staff to solicit proposals from qualified landscape maintenance firms. K. CaIPERS Waiver of 960-Hour Rule for Don Anderson Public Employee Retirement Law prohibits a retired annuitant from working more than 960 hours in a fiscal -year unless a resolution is adopted in accordance with Government Code Section 21224(h). Don Anderson, a retired CaIPERS annuitant has been working for the City for approximately two years and is close to his hour limit for the current fiscal year. Staff is currently working on a permanent plan for his position, and will be ready to move forward by July 1, 2009. Recommendation: That the City Council adopt Resolution No. 2008-79 requesting an employment extension per Government Code Section 21221(h)._ Page 4 of 10 ROSEMEAD CITY COUNCIL AGENDA ADJOURNED MEETING December 16, 2008 L. Housing Element Request Proposal On November 18, 2008, the City Council authorized staff to issue a Request for Proposal (RFP) to seek a qualified professional consultant to update the City's Housing Element in accordance with State Law. The State of California requires that all cities prepare and adopt a Housing Element every five years (Government Code section 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 enter into a professional services agreement with GRC Associates, Inc. in the amount of $44,260 for the development of an updated Housing Element in accordance with State Law. M. Transfer $90,000 Appropriation for Janitorial Service from the General Services Department to the Parks 8~ Facilities Maintenance Department From time to time it is necessary to make minor revisions to the budget, Accordingly, the accompanying budget amendment will transfer $90,000 for Janitorial Services which was originally budgeted in the General Services Department to the Parks & Facility . Maintenance Department Recommendation: That the City Council approve Resolution No. 2008-81 which will amend the FY 2008-09 budget as detailed on the resolution. N. Biennial Review and Update of City Conflict-of-Interest Cade The Political Reform Act (Cal. Gov't Code §§ 81000 et seq.) controls conflicts of interests of public officials through disclosure of financial interests and prohibitions on participation in the making of decisions in which the official knows or has reason to know he or she has a financial interest. Pursuant to Government Code 87300 and 87306, each city is required to have aconflict-of-interest code. Pursuant to Government Code section 87302, this code is required to designate employees who must disclose certain investments, income, interests in real property, and business positions, and who. must disqualify themselves from making or participating in the making of governmental decisions affecting those interests. According to Government Code section 87306 and 87306.5, this code must be reviewed every two years and amended when circumstances change, such as when new positions are created or duties of existing positions change. The code must be consistent with the minimum requirements of the Political Reform Act. Page 5 of 10 ROSEMEAD CITY COUNCIL AGENDA ADJOURNED MEETING December 16, 2008 RMC § 2.24.020 sets forth the current designated positions and disclosure categories set forth in the code. The current biennial review of the City's conflict-of-interest code reveals that certain changes need to be made as a result of the addition of new job titles, the deletion of certain old job titles, and changes in the job duties and descriptions. As a result staff is recommending that the RMC § 2.24.020 be amended to incorporate the updated "designated positions" that are required to file FPPC Form 700 Statement of Economic Interests together with updated disclosure categories. Recommendation: That the City Council introduce for first reading Ordinance No. 870 amending Rosemead Municipal Code 2.24.020 which updates the designated positions and disclosure categories required by Government Code Sections 87300 and 87302. 4. MATTERS FROM CITY MANAGER & STAFF A. Quarterly Interim Financial Update Historically it has been a common practice with many jurisdictions to provide governing bodies with financial statement information only once or twice per year. As new audit standards require greater financial awareness on the part of governing bodies, the issuance of unaudited interim summary financial reports provides a means of communicating that information. Additionally, before the new audit standards were issued, the city management work plan included issuing quarterly financial reports so the City Council and the public would have increased City financial familiarity. It is with the team's work plans and new audit requirements in mind that the first quarter FY 2008-09 Quarterly Interim Financial Update report is being issued. The report is unaudited and does not include the extensive accounting accruals and adjustments that are included in audited financial statements. However, the report provides a summarized look at the City's finances for the first quarter of FY 2008-09 and is expected to be valuable for assessing the City's overall financial condition. Recommendation: That the City Council receive and file the Quarterly Interim Financial Update report. B. Award of Contract -Parks, Recreation, and General Facilities Master Plan At its regular meeting on October 14, 2008, City Council approved the issuance of a Request for Proposals for a Parks, Recreation, and General Facilities Master Plan. The completed Master Plan will include an inventory and assessment of all existing facilities & programs, and will also include recommendations for renovation, expansion, and improvement to meet community needs over the next 15 years. If will include extensive community input in planning for the future, should increase grant & other funding opportunities, and will establish specific goals & strategies for the enhancement of facilities Page 6 of 10 ROSEMEAD CITY COUNCIL AGENDA ADJOURNED MEETING December 16, 2008 and programs, including an overview of the. financial means with which to achieve them. The proposed Feasibility Study for development of a trail system along -the Southern California Edison Transmission Corridor has been withdrawn from the project as staff is currently working with SCE to acquire use rights for available parcels. Requests for Proposals (RFP) were solicited, with responses received from six (6) firms, Staff reviewed the proposals for completeness, relevant experience, understanding of the scope of work, qualifications of the project team, proposed work schedule, and cost effectiveness. Four firms were invited to participate in interviews with the following results: MIG, Inc. $101,625 PROS Consulting, LLC $113,330 Lawrence R. Moss & Associates $128,000 Mia Lehrer & Associates* $105,675 *Estimate excluded costs for general facilities evaluation. C. MIG, Inc. was ranked the highest. They submitted~the most comprehensive proposal that met the City's timelines and project requirements. They have completed Master Plans for 120 cities of varying size and demographics. References were checked and their performance was deemed better than satisfactory. Their proposal was also the most cost effective. MIG's estimate for the Master .Plan slightly exceeds the City's budgeted amount of $100,000 for this activity. Further, it is prudent to include a contingency in the event additional services are requested (extra surveys or interviews, GIS mapping, asset management plan, etc.). Therefore, an additional allocation of $15,000 is needed to cover fees in excess of the budgeted amount, which includes. a contingency of approximately 14%. Recommendation: That the City Council award the contract to MIG, Inc., and authorize the City Manager and the City Clerk to execute the contract. Further, staff recommends that City Council authorize Budget Resolution 2008-82 to transfer $15,000 from the undesignated Genera Fund balance to cover remaining project process. Proposed Changes to ParklSports Facility Use Policies 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. Page 7 of 10 ROSEMEAD CITY COUNCIL AGENDA ADJOURNED MEETING December 16, 2008 Current fees and .policies. do not distinguish between non-profit, resident, and non- residents users. While supervision and maintenance associated with these uses costs the City approximately $70,000 annually, we recover less than $15,000 in revenues. Thus, the City funds a significant portion of all uses. A survey of surrounding cities indicates that existing fees are much lower than those of other cities. This item ,was brought forward for City Council consideration at the November 18tH meeting. At that time, staff was directed to reduce the proposed fee adjustments for residents by 50% for facility rental related costs. 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. D. Consolidated Disposal Application for Rate Increase On Wednesday, November 21, 2008, Consolidated Disposal Services (Consolidated) submitted a letter requesting a rate increase for 2009. The proposed rate increase of 7.66% for residential customers and 5.98% for commercial customers are scheduled to take effect on January 1, 2009. For 2008, the City Council approved a rate increase of 5.62% for residential customers and 5,79% for commercial customers. As the City Council will recall, Consolidated's annual rate increase is made up of 2 components with assigned weights as follows: • Annual Los Angeles Region Consumer Price. Index (CPI) increase -Weighted 70% • Annual Gate fee/tonnage disposal fee increases -Weighted 30% Staff has verified the annual CPI increase and is currently working with Consolidated to verify appropriate tonnage/disposal increases. For 2009, the Los Angeles County Sanitation District (SANS District) will be increasing fees at Puente Hills landfill by 1,5.09%. Also for 2009, the SANS District will be reducing costs at the Commerce Refuse to Energy Facility by 6.56%. In reviewing Consolidated's request letter, the tonnage/disposal fee portion of the City's increase is calculated as if all of the City's residential waste is taken to the landfill. Staff estimates that approximately 75% of the City's residential waste is taken to the landfill as trash while the remaining 25% is recycled, Staff is working to verify disposal records from 2007-08 to ensure that the rate .increase is based on actual disposal and recycling reports. In addition to details regarding the proposed rate increase, Consolidated also forwarded a copy of the Rosemead City Council Agenda from November 14, 2006. That agenda indicates that the City Council granted the City Manager the authority to implement any annual rate increase without holding a public hearing provided that the rate increase does not exceed the formula in the Consolidated contract agreement. Page 8 of 10 ROSEMEAD CITY COUNCIL AGENDA ADJOURNED MEETING December 16, 2008 For reference, staff went back and pulled the minutes for the meeting where the action was taken, and it does appear that the City Council granted the City Manager such authority. This means that unless there is any objection from the City Council, staff will move forward with verifying the increases and once approved, authorize the rate increase proposed by Consolidated. Recommendation: That the City Council receive and file this report. E. Traffic Study at Rush Street and Angelus Avenue and Consideration of Traffic Calming Enhancements In December 2007, the City received a petition from local residents to evaluate traffic conditions at Rush Street and Angelus Avenue, adjacent to Rice Elementary School. This issue was reviewed by the Traffic Commission and then forwarded to the City Council for review and further direction. On February 12, 2008, the City Council directed staff to improve traffic markings in the area and have an independent engineering company conduct a new traffic study at the location. Since that time, staff has made traffic marking improvements and worked with Kimley-Horn and Associates (KHA) to conduct a new traffic study for this area. Traffic and pedestrian counts were taken in May 2008 and an overview of the data is included for review. After traffic counts were taken, KHA worked with City staff and the Traffic Commission to review existing conditions and evaluate potential traffic calming enhancements for the area. After evaluating options at its October 2008 meeting, the Commission developed a recommendation to forward to the City Council for consideration. Recommendation: That the City Council review the Traffic Commission's recommendation and direct staff to implement traffic calming enhancements. 5. MATTERS FROM MAYOR & CITY COUNCIL A. Recording Procedure of Meetings and Maintenance of the Official Record The City currently records the City Council, Community Development Commission, Planning Commission, and Traffic Commission meetings utilizing the Granicus system that was installed as part of the Chamber Upgrade project. Due to an error in.the Granicus system as explained at the November 18th Community Development Commission meeting, the recording of the October 28, 2008 Community Development Commission was lost. As a result, the City Council requested that staff develop aback-up plan to ensure that the recordings of future meetings would not be lost. Staff has also received request to provide the meeting recordings in multiple formats and would like the Council to provide direction as to what one media type will be maintained and provided in the event of a public records request. Page 9 of 10 ROSEMEAD CITY COUNCIL AGENDA ADJOURNED MEETING December 16, 2008 Recommendation: That the City Council adopt one method of maintaining the meeting media and the resulting public copies as requested.- B. M. Janet Chin Youth Foundation Funding Request Recently, the M. Janet Chin Youth Foundation submitted for City Council consideration a funding request to assist with the development of a youth engagement project here in the City of Rosemead. The proposal request seeks a City contribution in the amount of $57,000 to develop what the Foundation has termed, Operation Civic Pride Service Learning Program, an initiative that seeks to accomplish the following objectives: • Establish of a legitimate voice for Rosemead youth. • Creation of a youth advisory board.. • Help youth in decision making. • Mentoring. Based on current funding restraints and existing City efforts in the realm of youth programming, staff does not believe it to be prudent to grant this request at this time. Recommendation: That the City Council deny the funding request by the M. Janet Chin Foundation. C. Discussion Regarding City Attorney Bills Recently, it was requested by Council Member Taylor that an item related to City Attorney bills be placed on the City Council agenda for discussion. Recommendation: That the City Council provide staff with additional direction. 6. ADJOURNMENT The next regular City Council meeting is scheduled to take place on January 13, 2009 at 7:00 p.m. Page 10 of 10