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CC - Item 3A - Minutes 12-16-08Minutes of the REGULAR CITY COUNCIL MEETING December 16, 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 Low INVOCATION: Council Member Taylor ROLL CALL OF OFFICERS PRESENT: Council Nunez, Mayor Tran. OFFICIALS PRESENT: City Manager Chi, City Assistant City Manager Hawkesworth, Director Montgomery-Scott, Economic Development Adr Marcarello, and City Clerk Molleda. • PRESENTATION - Rosemead High couch Matt Kofler. was very Low, Taylor, Mayor Pro Tern City Manager'Saeki, of Parks and Recreation Deputy Public Works Officer of the football team and introduced their Matt Kofler-stated he of the classroom: Mr:.K Very effort the team had given them in and out proud to have represented the City of a short recess at 7:13 p.m. and reconvened at 7:16 p.m. The Mayor announced that Item'SB would be moved up for discussion because there were students that were going to speak on the item and had to go to school the next morning. 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: Rosemead City Council Meeting Minutes of December 16, 2008 ITEM NO. Page I of 15 • 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. Janet Chin - addressed the City Council and reviewed the program arid'stated that if there were any questions she was available to answer them. She also,introduced a few of the students who are involved in the Janet Chin Foundation. Michael Wong - spoke in support of the foundation and asked tfie City Council for their support. He stated he had previously participated in a Washingt6n>C-.C. trip th`e.City had funded and stated his achievements since his return from that trip. Patty Santos - spoke in support of the foundation and asked th6 City,Council for their support. She added the project was not only run by Janet Chin but also by the o yuth advisory board. Tony Hong - spoke in explained how the pro y Council for their support. He the community. Amanda Lee - spoke in support ofthe foundation and asked the City Council for their support. Stated there was not much'thattarg'e' the youth in the City of Rosemead. Calvin Fair enberry spoke in support of the program and stated he served in the board of the Steven Ly .Stated the City should not fund one organization when there are many in need. Added the City s1h,6u,ld help the:youth find outside funding for the program. Mayor Pro Tern Nunetfriade a motion, seconded by Council Member Low, to donate $25,000 to the Janet Chin foundation. Vote resulted in: Yes: Low, Nunez, Tran No: Taylor Abstain: Clark Absent: None Rosemead City Council Meeting Minutes of December 16, 2008 Page 2 of 15 1. PUBLIC HEARING A. Municipal Code Amendment 08-01- A Request to Amend Zoning Ordinance Section 17.56.050(B), 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:. Mayor Tran opened the Public Hearing at 8:04 p.m. Jean Hall - spoke against the approval of the code amendment: She, expressed concerns in having this project approved and having other businesses come in t e 'City and doing the same. Marlene Shinen - spoke against the approval of the code amendment. She added that if Council approved this project they would;be ignoring the people's complaints. Villa Navarro - spoWagainst the approval of the code:amendment. She stated this business is unhealthy for the environmeht'anc]Jhe pegple who liv6 around that area. Brian Lewin stated-he had mixed :feelings about this project. Stated that if this project was approveg;he would ask that staff keep a very close eye on Cal Poultry and make sure they keep up Steven Lv - spoke against the,approval of the code amendment. He stated this business has always been a problem and asked that this project be brought back to Council after all the regulations are being 01101,4y Cal Poultry. Sandra Armenta - stated she was concern on how some of the Council Member's votes would be cast. She stated that anyone who had received contributions from this business or anyone affiliated with this business should refrain from voting on this issue given that she felt it was a conflict of interest. There being no other speakers on the Public Hearing, Mayor Tran closed the hearing at 8:31 p.m. Rosemead City Council Meeting Minutes of December 16, 2008 Page 3 of 15 Mayor Pro Tern Nunez made a motion, seconded by Council Member Low, to 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. Vote resulted in: Yes: Low, Nunez,Tran No: Clark, Taylor Abstain: None Absent: None 2. PUBLIC COMMENT FROM THE AUDIENCE Marlene Shinen - addressed Council regarding the 14, 2008 requesting a copy of the final settlement ac Community. Velia Navarro - expressed concern regarding a ma Boulevard and asked why they had been given a bu checked these types of businesses. 3. CONSENT CALENDAR C. Resolution No. 2008-83 Claims al Recommendation: Adopt Resoluti expenditures in the amount of $96 64575 through, 64691. The 2009 12-14, 20 the City on October t:and Save Our ated on 2236 S. San Gabriel She asked how closely the City No. 2008-83, for payment of City 22.31 numbered 60023 through 60076 and Association - Legislative Orientation Tour to Legislation Orientation Tour will be held on January CA. tion: That the City Council authorize any Council Member, the City 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. Rosemead City Council Meeting Minutes of December 16, 2008 Page 4 of 15 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, and 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. 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. the City Council adopt and approve Resolution No. 2008- 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. Rosemead City Council Meeting Minutes of December 16, 2008 Page 5 of 15 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. 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 CalPERS 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 Resouutioh No. 2008-79 requesting an employment extension per Government Code Section 21221(h). N. Biennial Review and Update of The Political Reform Act (Cal. Gov't interests of public officials through di on participation in the making of d reason to know he or she has a fina 87300 and 87306, each city is r Pursuant to Government Code secti and interests. in the Code 81000 et seq.) controls conflicts of sclosure of financial interests and prohibitions ecisions in which the official knows or has ncial interest. Pursuant to Government Code equired _ to have a conflict-of-interest code. on 87302, this code is required to designate tain investments, income, interests in real and who must disqualify themselves from ig of governmental decisions affecting those 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. 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. Rosemead City Council Meeting Minutes of December 16, 2008 Page 6 of 15 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. Mayor Pro Tern John Nunez made a motion, seconded by Council Member Polly Low, to approve Consent Calendar with the exception of Items A, B, J, L, and M. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None A. Minutes October 14, 2008 - Regular Mayor Pro Tern John Nunez made a motion, seconded by Council Member Polly Low, to approve the Minutes of October 14, 2008. Vote resulted in: Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None Absent: None A. Mayor Pro-Tem John Nunez made a motion, seconded by Council Member Polly Low, to aoorove the Minutes of November 18 2008. Vote resulted in: Low, Clark, 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. Mayor Pro Tern John Nunez made a motion, seconded by Council Member Polly Low, to approve Resolution No. 2008-80. Vote resulted in: Rosemead City Council Meeting Minutes of December 16, 2008 Page 7 of 15 Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None Absent: None 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, roadwaymedians, 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 a month-to-month. Recommendation: That the City Cc maintenance services and authorize landscape maintenance firms. the specifications` for landscape proposals from qualified Mayor Pro Tern John Nunez made a motif approve the specifications for landscape proposals from qualified landscape main by Council Member Polly Low, to services and authorize staff to solicit . Vote resulted in: Yes: Clark, Low; Nunez, Taylor, Abstain: 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. Rosemead City Council Meeting Minutes of December 16, 2008 Page 8 of 15 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. Mayor Pro Tern John Nunez made a motion, seconded by Council Member Polly Low, to 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. Vote resulted in: Yes: Low, Nunez, Taylor, Tran No: Clark Abstain: None Absent: None M. Transfer $90,000 Appropriation for Services Department to the Parks t General From time to time it is necessary to ma' Accordingly, the accompanying budget Janitorial Services which was originally Department to the Parks & Facility Maii Recommendation: That th will amend the FY 2008-09 Mayor Pro Tern John Nunez made a motion, se approve Resolution No.2008-81. Vote resulted Absent: 4. MATTERS FROM CITY MANAGER & STAFF A. Quarterly, Interim Financial Update sions to the budget. will transfer $9000 for the General Services solution No. 2008-81 which resolution. by Council Member Polly Low, to 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. Rosemead City Council Meeting Minutes of December 16, 2008 Page 9 of 15 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. No action was taken, report was received and filed. 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. It 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 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. Rosemead City Council Meeting Minutes of December 16, 2008 Page 10 of 15 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 remaini project process. Mayor Pro Tern John Nunez made a motion, seconded by Council Member Polly Low, to 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. Vote resulted in: Abstain: 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. 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. Rosemead City Council Meeting Minutes of December 16, 2008 Page 11 of 15 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. Council Member Polly Low made a motion, seconded by Mayor Pro Tem John Nunez, to approve the proposed facility application including rules and regulations, fee schedule, and cancellation policy, and regular user responsibilities as outlined effective January 1, 2009. Vote resulted in: Yes: Low, Nunez, Taylor Tran No: Clark Abstain: Taylor Absent: None D. Consolidated Disposal Application 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 assiqned weights as follows: • Annual Los Angeles Region Consumer Price Index (CPI) increase - AnnualGate fee/tonnage disposal fee increases - Weighted 30% irified the annual CPI increase and is currently working with 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 15.09%. 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. Rosemead City Council Meeting Minutes of December 16, 2008 Page 12 of 15 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. 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 No action was taken; the report was received E. Traffic Study at Rush Street an Traffic Calming Enhancements In December 2007, the Ct traffic conditions at Rush £ School. This issue was re the City Council for review Council directed staff to im a petition and file;this report. of idents to evaluate nt to Rice Elementary and then forwarded to fioh!: On February 12, 2008, the City sings in the area and have an a new traffic study at the location. Since that time, staff has made traffic marking improvements and worked with Kimley-Horn andAssociates (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 Citv`Council for consideration. Recommendation: That the City Council review the Traffic Commission's recommendation and direct staff to implement traffic calming enhancements. Bob Bruesch - had a question on recommendation No. 2 and asked if all the trees would be taken out. Brian Lewin - stated that essentially the Traffic Commission liked the first stage but that it would be appropriate to go ahead and put in the drop off and pick up zone along the north side of Rush Street. Rosemead City Council Meeting Minutes of December 16, 2008 Page 13 of 15 Council Member Low made a motion, seconded by Mayor Pro Tern John Nunez, to accept Traffic Commission's recommendation level concept plan 2. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None 5. MATTERS FROM MAYOR & CITY COUNCIL A. Recording Procedure of Meetings and The City currently records the City Council, Planning Commission, and Traffic Commis: system that was installed as part of the Chc in the Granicus system as explained at the Development Commission meeting,,,' he.,rec Community Development Commission was requested that staff develop a back-up plan meetings would not be lost. Staff has also received rec formats and would like the will be maintained and pro meeting rwien - We Council go Council Member Taylor m audio cassette the official No: Abstain: Nunez Absent: None the City for the result, the City'Council that the recordings of future the meeting recordings in multiple A- ide,direction as to what one media type ht ofa public records request. cil adopt one method of maintaining the copies as requested. of the Council meetings was excessive and lotion, seconded by Council Member Clark, to make the of the City Council meeting. Vote resulted in: Taylor, Tran 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. Official Record lent Commission, the Granicus t. Due to an error November 18th Comte ordina.of the October Rosemead City Council Meeting Minutes of December 16, 2008 Page 14 of 15 This item was discussed earlier in the meeting. 6. ADJOURNMENT The City Council meeting was adjourned at 10:58 p.m. The next City Council meeting is scheduled to take place on January 13, 2009 at 7:00 p.m. John Tran Mayor ATTEST: Gloria Molleda, City Clerk Rosemead City Council Meeting Minutes of December 16, 2008 Page 15 of 15