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CC - Item 3A - Minutes 11-18-08Minutes of the REGULAR CITY COUNCIL MEETING November 18, 2008 The regular meeting of the Rosemead City Council was called to order by Mayor Tran at 7:00 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. ~- FLAG SALUTE: Council Member Clark INVOCATION: Council Member Low ROLL CALL OF OFFICERS PRESENT: Council Member's Clark, Low, Taylor, Mayor Pro Tem Nunez, Mayor Tran. OFFICIALS PRESENT: City Manager Chi, City Attorney Garcia, Assistant City Maiager'Saeki, Assistant City Manager Hawkesworth, Director of Finance Brisco Director of Parks and Recreation Montgomery-Scott, Economic Development Administrator Ramirez Deputy Public Works Officer , Marcarello, and City Clerk Molletla. 1. PUBLIC COMMENT FROM THE AUDIENCE Marlene Shinen -addressed Council regarding the CPRA submitted by her to the City on October 13, 2008 requesting a,cooy of the final settlement agreement between Wal-Mart and Save Our Community. Ron Gay -responded to f~,1s. Shihen's conimerts. and stated that he felt there was too much wasted time being spent;by the City. on this issue. Jean Hall -addressed Council fviember Low and stated that she had taken an issue with a quote she had given to the Tribune on`an article regarding Measure CC. Ms. Hall also asked that City Council consider having their Council meetings in a larger location when there is a popular item on the agenda. Todd Kunioka -stated it bothered him that the City was spending so much time on a CPRA regarding a document`that had nothing to do with the City. Mr. Kunioka also mentioned Measure CC and stated he had received mailers with misinformation regarding the Measure. Juan Nunez -addressed Council regarding Measure CC and stated he was glad that this measure was defeated. Brian Lewin -stated to City Council that he had noticed that the Planning Department has been adding as standard conditions, new measures to improve water efficiency and electrical efficiency; he stated he was glad to see the City moving in that direction. Rosemead City Council Meeting ~~,~ ~®o ~~ Minutes of November I8, 2008 Page 1 of 10 2. CONSENT CALENDAR A. Minutes September 23, 2008 -Regular Meeting October 14, 2008 -Regular Meeting October 28, 2008 -Regular Meeting The Minutes of October 14, 2008 were deferred to the next City Council meeting. Mayor Pro Tem Nuriez made a motion, seconded by Council Member-Low, to approve the Minutes of September 23, 2008 and October 28, 2008. Vote resulted in: Yes: Low, Nuriez, Tran ~ ~;,, No: Clark, Taylor ~ ~ `~ ,~ Abstain: None ~,~ ~ ~ "~: Absent: None ~ ~,~~ :,, ,~ ~k B. Resolution No. 2008-74 Claims and Demands ~_ ~. Recommendation: Adop .Resolution No. 2008-i~4;-for payment of City expenditures in the amount of~~r1 086,112.99 numbered~59901 through 59938 and 64158 through 64304. ~ ~" ~'`>~,~ -~ ~r 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 ~64T305 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 Declarationand 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. Rosemead City Council Meeting Minutes of November:l8, 2008 Page 2 of 10 Item 2F-Stop Signs at Jackson and Garvalia has been removed from the agenda. 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 addition 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. N, 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 constraintsthe traffic engineer agrees that adding stop signs, is appropriate. Recommendation: That the City Couneil~approve the Traffic Commission's recommendation and authorize staff to takenecessary steps to install a four-way stop intersection at Jackson Avenue and Garvalia Avenue. ~r ~` H. Housing Element Request?~for-Proposals ~• The State of ,.California requ res~Athat all citiesat~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 housi~ig'rieeds, resources and constraints to address these needs, overall housing A.~ goals and policies. and scheduled programs for the maintenance, improvement a+~'d 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 anei must no~~~ 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. 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 ari analysis to evaluate the existing speed zones with the City of Rosemead. Rosemead City Council Meeting Minutes of November 18, 2008 Page 3 of 10 Recommendation: That the City Council introduce Ordinance No. 869 establishing the speed limit zones contained in the Rosemead Municipal Code. 1 Mayor Pro Tem John Nunez made a motion, seconded by Council Member Polly Low, to approve Consent Calendar with the exception of Items E, G, I, and F. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None ,~ ~~~. E. Resolution Approving City Payment of the Er'nploy.er Paid Member Contribution (EPMC) `~ Since the City first signed a contractewith CaIPERS on August 1, 1992, the City has been paying the employee's p lion of the member contribution (EPMC) required by CaIPERS. CaIPERS recently condu~~cted;~an audit of all~,tii'eir 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 related to the payment of the EPMC. On October 3, 2008~City~~staff teas notified of th'i's necessity and was informed by CaIPERS that the.~,require resolutions must be adopted-prior to December 31_,2008 or the Internal Revenue.Ser~vice would no longer allow the a City to make-the.EPMC payments: Recommendation: That the City Council adopt Resolution No. 2008-77 and Resolution`tJo. 2008-78~authorizing payment of EPMC under Internal Revenue Code Section 414(h)(2) and California Government Code Section 20691. Juan Nunez -asked how many employeesAthe City had; and how many employees were enrolled in CaIPERS~ , Mayor Pro TemxJohn Nunezmade a motion, seconded by Council Member Polly Low, to approve ConsentCalendar•Item 2E. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None Rosemead City Council Meeting Minutes of November 18, 2008. Page 4 of 10 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. Die to budget constraints and the cost involved in preparing traffic studies, ~ staff worked with the Traffic Commission to review the process for reques~t~n"g special>traffic studies, as well as the cost and work time associated with them~t~,Over the~past several months the Commission has compiled its priority list for sp cial studies a,nd prepared them for the City's Council's consideration. . Recommendation: That the Cit Council review~th~e.Traffic Commission's priority Y ~ list of traffic studies and authorize staff to start~yvorking on the three recommended projects. Mayor Pro Tem John Nunez made a motion, seconded by Council Member Polly Low, to approve Consent Calendar Item 2G: Vote res,ultedYin: ~: Yes: Clark, Low, Nunez, Taylor:.; :Iran r~ No: None Abstain: None Absent: None ~~: 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. ~~j2006-0003-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: Approve the scope of work for the development of the City's Sewer System Management Plan. Authorize staff to solicit proposals from the four (4) qualified on-call engineering consulting firms, currently on contract with the City. Rosemead City Council Meeting Minutes of NovembeY 18, 2008 Page S of 10 Jim Flournoy -asked that staff and the Planning Commission look at a plan for the sewer water system infrastructure for the next 18 years. Council Member Polly Low made a motion, seconded by Mayor Pro Tem John Nuriez, to approve Consent Calendar Item 21. Vote resulted in: Yes: Low, Nunez, Tran No: Clark Abstain: Taylor Absent: None ~~ f ~~ 3. MATTERS FROM CITY MANAGER & STAFF ,~ .,~ A. Proposed Changes to ParklSports Fa ility Use Polices and Fees City of Rosemead parks, pools, and sports facilities`~a~re in very gresat 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 Po©t, Garvey Park and Pool, and the Jess Gonzalez Sports Complex. TheyCity 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 qualitypro grams, facilities, and services, provide for long term, maintenance, reduce program subsidies, and because current rates do not reflect the cost increases that'lave occurred in the 15 years since they were established. ~s a result, Rosemeadadsorbs 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 ©ther 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 "' `" r~r, tosupervise ali 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 saupervision 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. Rosemead City Council Meeting Minutes of November 18, 2008 Page 6 of 10 Jean Hall -commended employee Alice from the Rosemead Community Center for all her help during and event that took place in that facility. In addition, Ms. Hall had a complain against the Rosemead Community Center due to the appearance of the facilities during the same event. Item 3A was removed from the agenda and it was stated that this item be revisited and brought back at a future City Council agenda. 4. MATTERS FROM MAYOR 8~ CITY COUNCIL A. Resolution Supporting the Funding, Development; and Operation of the San Gabriel River Discovery Center At the request of Mayor Pro Tem Nuriez 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 Cent r (SGRDCA)is.to inspire environmental stewardship by providing access~ibie 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. ._ 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 why'ether to approve Resolution No. 2008-76. . ,~ Hugo Garcia - addressed City.Council°antl stated he was available to answer any questions regardirig ths~item: F ~s_ ~; ~~~. ,~ Jim Flournoy -stated he was presenting the San Gabriel River Sierra Club and added they were in favor of this item. Brian Lewin -stated he had look at this project and added it will serve our area well. Todd Kunioka - statedthi5 was a good project and will help and benefit the entire San Gabriel River. `~' Council Member Polly Low made a motion, seconded by Mayor Pro Tem John Nunez, to approve Resolution No. 2008.76. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: Taylor Abstain: Low Absent: None Rosemead City Council Meeting Minutes of November 18, 2008 Page 7 of 10 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 citie's for comparison, Even after the increase, we remain well below the average inPthe~region. The largest increase is for non-resident use of facilities (their rates are an average of 50% higher than those of residents). In addition to rate increases, severaiakey policy changes were effected. First, an insurance requirement~fo~r all; general public" use was mandated per the recommendation of CJPIA. Vl~e~created a Building Maintenance Fund by setting aside 10% of all facility usefiees. We also clarified our use policy': The revised policy identifies "the City of Rosemead, other government, and Rosemead-recognized Community ServicelNon~~Frofit 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) demohstrate 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 ~Taf 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. Julie Gentry - stated~Holy Kapp could not be at the meeting this evening but wanted to invite the community to People for People s pancake breakfast. Also, Ms. Gentry added that People for People should be except'from any fees to use the City's facilities. Bob Bruesch -stated that both school districts have MOU's with the City,regarding its facilities and asked if these changes would affect them. No action was taken on this item. Rosemead City Council Meeting Minutes of November 18, 2008 Page 8 of 10 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. 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, SociahDance, 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. A '~ An initial legal evaluation of the issue~suggested that the City of Rosemead has no apparent legal liability by offering sortie classes"for which English'is n'ot~fhe 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 s'uch.classes or requiring a minimum standard of English proficiency for ail class instructors. Recommendation: That the City Council provide direction in regards to the matter of English language instruction for S~`ecial Interest Classes. ~,~.. Ms. Trujillo -stated°she agreed~wi,th Ms. Clark's concerns. Jim'Flournoy -stated he did riot thinK ttiere was any impotency on the City side in determining. what the classes are going to~be and who they are going to target. Todd Kunioka -stated these classes were a great opportunity for all residence; he added if the City required a translator for all these classes they would become unaffordable to all residence. Steve Ly -stated he felt that the City should take great consideration in offering these classes in all languages to avoid isolating a population. Mayor John Tran made a motion, seconded by Council Member Polly Low, to form a committee and appoint Council Member Clark and Council Member Low to the same committee. Vote resulted in: Rosemead City Council Meeting Minutes of November 18, 2008 Page 9 of 10 Yes: Clark, Low, Tran No: Nunez, Taylor Abstain: Low Absent: None Mayor Tran recessed to Closed Session at 9:30 p.m. 5. CLOSED SESSION The City Council will recess to a Closed Session pursuant tors 1) Government Code 54956.9(a): , Conference with Legal Counsel.- Existing Litigations , Name of Case: Randy Haro and~Robert~8allin v. City'af Rosemead The Council reconvened back from Closed Session at 9:58 p.m. The Mayor stated~there was no reportable action taken. ~~ 6. ADJOURNMENT `~ ~" ~ '' ,, The City Council meeting was adjourned in memory of Vernr•Hultz The next City Council meeting is scheduled to take place on December 16, 2008 at f:00 p.m. ATTEST: Gloria Molleda, City Clerk John Tran Mayor Rosemead City Council Meeting Minutes of November 18, 2008 Page 10 of 10