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CC - Item 3A - Minutes of December 16, 2008• • Minutes 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 A Assistant City Manager Hawkesworth, Director of Montgomery-Scott, Economic Development Admi Marcarello, and City Clerk Molleda. In, Low, Taylor, Mayor Pro Tern ,ssistant City Ma"nager'Saeki, Director of Parks and Recreation Deputy Public Works Officer • PRESENTATION - Rosemead High couch Matt Kofler. was very of the football team and introduced their Matt Kofler-stated he of the classrooif Mr.,K very effort the team had given them in and out proud to have represented the City of The'Mayol called a short recess at 7:13f m. and reconvened at 7:16 p.m. The Mayor announced that Item`5B 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. 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 Page I of 19 • 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. _.e ~ Janet Chin - addressed the City Council and reviewed the program and~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. k, Michael Wonq - spoke in support of the foundation arid'asked the,City Council for'theii,support. He stated he had previously participated in a Washington D:C. trip'the,City had funded and stated his achievements since his return from that trip. us Patty She added Santos the - project spoke ect in was not support only of the run b fo y Janet' ndation Cand asked thy t Council for their support. z She also by heNouth advisory board. Tony Hong - spoke in explained how the pro y Council for their support. He the community. CJ LJ Amanda Lee spoke m support of the foundation and a"sked the City Council for their support. Stated there was not much that targeted the,youth infthe City of Rosemead. Calvin Furenberry - spokelin 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§fi d help theiyouth find outside funding for the program. Mayor Pro Tern Nun'eimade a motion, seconded by Council Member Low, to donate $25,000 to the Janet Chin fountlation. Vote resulted in: Yes: Low, Nunez, Tran No: Taylor Abstain: Clark Absent: None Rosemead City Council Meeting Minutes ofDeeember 16, 2008 Page 2 of 19 • C 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 Manufacturingtand Industrial (M-1) zone. Recommendation: That the City Council appro the e gaffe Declaration and adopt Ordinance No. 868, modifying thezoning,code with respect to permitted uses in the M-1 (Light Manufacturing aid Industrial) zone, ther'b"k pproving Municipal Code Amendment 08-014 > 5 • • Mayor Tran opened the Public Hearing at 8:04 p.m. Jean Hall - spoke against the approval having this project approved and having Marlene Shinen - spoke approved this project the) Vella Navarro - Gr at 2239 N. Angelus Mr. Tran, ah„Maybe was talking about on•h the trash~that goes with Mayor Tra6V sponded that Ms. Navarro contiriu for the residents tha run off of the poultry Iment'°iShe expressed concerns in come in toff City and doing the same. the approval of the;dode amefdinent. She added that if Council .4w. eJgnorinq the people's complaints. and ah Coundl;people, my name is Vella Navarro and I live >ope.that allll.t ave to say will be in the minutes verbatim. stiohed.JiErZyou. Are you re-zoning the ah, area that Marlene ere they are having the ah this poultry slaughter and uh all on the agenda as an action item. `can I ask, I'm going to ask you another question. Is this beneficial by that are going to be infective by the feces, the blood, and all the Mayor Tran responded that this property had been there since 1991 and explained further how this item had come to the City Council for review. Ms. Navarro continued - Okay so how long have you've been in office. Mayor Tran responded about three and a half years. Rosemead City Council Meeting Minutes of December 16, 2008 Page 3 of 19 Ms. Navarro continued - and you have been aware of this, okay what happened twenty years ago or a decade ago, and you are aware of this for three and a half years and you feel the filtration and everything that is going to be put in this building is going to uh be a solution to the problem, polluting the environment, causing young children uh that are run down the street on their skateboards or, or on their bikes, tricycles or whatever that they will not be infected, you can guarantee that? Mayor Tran responded that this was an opportunity to fix the problem and if not then the City will have the tool to shut them down. Ms. Navarro continued - ok, I'm gonna keep your word to that because ahwhen you were running for office there was a lot of promises and promises that the three offyou had made and um, I haven't seen to many or heard to many or seen too many of thechanges ,All I see that is going on is that uh, like Marlene had mentioned you know about the virus-,avian, ahtotithis day to my understanding, correct me if I'm wrong, there isn't a cure fog' it: Sohow, would,you live next door to that place or close by to that place and let your childrerrride their bikes down th'att Polly...I don't know how old your children are, ah, at ah,Councilmen Nunez, I don have grandchildren but would you allow them to be in thattype o "I I my grandchildren to be around there if they are going to b6 bontc- ah, ah, because of birds, you know. And; and it should be really= filtration, it should be looked at in saving ttiecommunity of Roser destroy our young children, even the elderly'<You kr down there and run the risk of getting ill. And um, th should really consider and really monitor under 'a fin what brought that upon and I'm:glad l know about4 lot of people and I know;that for a fact and I don't w< beginning to be, uh, it seems to me tOat uh, you like I'm You, if you t want :led by some deathly illness d at more than just the not,trying to pollute and deg, I don't want to walk disease in which I think you nicroscope and uh, I don't know, you know now but 6h, um, you have a big influence a to go into detail or anything but you're ioowerment, and I don't like to feel that I'm being empowered by anyone individual that works fog the City and I think that our concern should be your concern because you'are, representing otir community that we voted you in, you know you live and learn, did I make a mistake by doing what I did, I don't know. I'll see if you can rectify all the mistakes that have been ,occurnng and_uh, I'll come back at the next meeting and maybe there will be some kind of better answer that. 66 can give me than by saying maybe the filtration. I don't want a maybe;) want a positive;.` Are our children and grandchildren going to be safe from the avian disease, which is'life threating?;-And another thing.... Mayor Tran asked if she could be brought during public comment to speak on her remaining issues because this portion was only for the public hearing. Ms. Navarro - okay, that's fine, if you keep your word to it, I'll wait. Brian Lewin - stated he had mixed feelings about this project. Stated that if this project was approved he would ask that staff keep a very close eye on Cal Poultry and make sure they keep up with the regulations. Rosemead City Council Meeting Minutes of December 16, 2008 Page 4 of 19 • • • Steven Ly - 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 met by 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 closed4he public hearing at 8:31 p.m. ,.:t 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] ndustrial) zone,`thereby approving Municipal Code Amendment 08.01. Vote resulted ini Yes: Low, Nunez, Tran T.t No: Clark, Taylor Abstain: None Absent: None 2. PUBLIC COMMENT FROM THE AUDIENCE • Marlene Shinen - addressed . Council regarding the CPRA submitted by her to the City on October 14, 2008 requesting a copy of the final settlement agreement between Wal-Mart and Save Our Community. ` . Velia Navarro - Ok ah, I would like to see a`dated copy because I, I, I'm a or was, I don't know how to say it, was part of SOC. So if there was a settlement of $400 thousand I haven't even received :a Lincoln pennycome towards me and I would like to see a dated copy and I think everyone would like to see acopy. Okay w ell Marlene covered everything...... Mayor Tran asked; if maybe staff could receive a copy from the court where this agreement was settled. Attorney Bonifacio Garcia responded (inaudible). Ms. Navarro continued - buying a deposition from the attorney who handled this case. Mayor Tran responded that the attorney hung up on the City Manager's when he tried to reach him. Ms. Navarro continued - well maybe you can give your City Manager a directive to keep pursuing till you are blue in the face... I don't think you have reach that point yet. I said maybe if you give a directive to your city manager to pursue this issue until you're blue in the face and there is no other • Rosemead City Council Meeting Minutes of December 16, 2008 Page 5 of 19 end to the rainbow, I said, maybe we can come up with something. There are many, many, shades of blues and I don't think it has reached that capacity. Okay so Marlene covered everything you've heard my point on that issue and I'm concerned even if they don't toss me a Lincoln penny. Okay, let me take one thing at a time ...okay now the next thing. Okay I was shocked; I don't get home till ten, eleven o'clock at night and I don't go the way where I live I just go the opposite way which is closer... well anyway let me get to the point about the massage parlor. It's located at 2236 South Gate ah South San Gabriel Boulevard in the City of Rosemead, right on the corner of Angelus, no San Gabriel and Klingerman there is a dentist office, donlt'ask me about north, south, cause I get confuse. I'm not saying it is and I'm not saying itsnot, it can possibly become more than just a message parlor it can become ah intimate mas'sa`ge parlor, which that parlor is like maybe five six blocks from Rice Elementary School okay, and children', walk through there. And that would be in my opinion a place for pedophiles, possibly they can hangout there and that would put the children of our community in danger. I want to know why they weregiving ah, ah, ah, business license... generally speaking these massage parlors,-,Iike I said, end up being intimate massages. Which it can turn into prostitution, Garvey atone,, ah Rosemead at one time had prostitutes walking on Garvey and San Gabriel Boulevard, are,we going to see that again? And you know this is uh, I mean how cl make sure they are legitimate and how City Manager Chi responded it is annually. Assistant City Manager`Saeki addedthat he check businesses that you give license to, to check on this location. Ms. Navarro continued - it isright nez parlor, I don't know'if its in Chinese, parlor. a, Mayor Pro Tern Nunez asked if:.it was the dentist office, there is no way...... it's a massage se,'or Korean writing, its not in English but there is a place. Ms. Navarro responded - no its not, I mean they might be acupuncturing but I don't know what kind of puncturing Assistant City ManagerSaeki assured Ms. Navarro the City would investigate that location. Ms. Navarro continued - it just blossomed from one day to the next, that that, I don't know how long it has been there cause I haven't gone through that part of the street till that one day that I did, my eyes opened up this wide, I said you know what's wrong with the city of Rosemead, you know. Mayor Tran responded it could have been recent because Council had put through two year moratorium that had been lifted. Rosemead City Council Meeting Minutes of December 16, 2008 Page 6 of 19 CJ • r1 L • Council Member Taylor asked what her third issue was. Ms. Navarro responded -oh no that that was it because Marlene covered about the Wal-Mart, oh, oh I see, okay I see what you are talking about, the next issue. No but you can assure me again that you will look into thoroughly. Mayor Tran responded yes. Ms. Navarro continued - and consider the children of the community... how they can be endangered so that... you know this really upset me, it really, really has me.,upset...and as you know I don't want to stereotype but usually these parlors end up for sexual' activity prostitution for whoever male or female, I can't just blame the male there's are a lot;of crazy women that walk through there too okay anyhow I would appreciate it if you would inform me....the next meeting, when's the next meeting? ,,J 1 Assistant City Manager Saeki responded he would contact her tomorrow and Ms. Navarro continued - okay the next thing is um...l'm going to speak to Mr. Oliver the City Manager, okay. How you can help me, get rid of all this pollution that we are getting with the bird feathers, I want to live till I'm a hundred to. come and agitate thse;council...okay the next thing. Ah, the...what I'm really concern about is thee"twentybucks you are charging for the CDs, it may sound petty but it's a lot of money.... Council Member Taylor asked`Ms'. Navarro to clarify. y Ms. Navarro responded -,for the minutes for the minutes.... Council MemberJaylor responded that it was only`five dollars. City Manager Chi responded it was five`dollars just like it has always been. Ms. Navarro'responded Oh ,,was told it was twenty dollars. Its five dollars? Okay, then I apologize, I won't pick on you tonight um, but any how I hope everything that is said in the City Council is verbatim on;the CD;'like it had been in the past ...ah, with the computerized papers that we would go in and buy:. But um, anyhow, ah, there is one more thing I'll say before I am finished. Across from the dentist on the corner, I guess it would be going north, I'm thinking about the mountains. There's been a business there and I have brought it to the Council's attention, I'm not sure that I had brought it to your attention. It is very shady, you know, you see people go in and out at night, and, and everything goes on lockdown what kind of business is it? Its says um, first it said something about real estate, it said construction, I don't have the address I forgot to get it but I would like to see what kind of business is across the street from the dentist. Where, I mean it's in lockdown, like if you were in prison. You can't even look in, one day the door was open and I was walking buy • with my grandchildren and I went like that and boom the door was slammed. Rosemead City Council Meeting Minutes of December 16, 2008 Page 7 of 19 Mayor Tran asked if it was on San Gabriel. Ms. Navarro continued - on San Gabriel Boulevard its facing San Gabriel Boulevard in the corner of Klingerman, its facing the dentist office. Council Member Taylor asked that they get the address so that no one goes to the wrong building. Ms. Navarro stated - I'll get the address, I'll call in tomorrow.... Mayor Tran asked that she have the address available and give it to Mr. Ms. Navarro continued - I certainly will, cause that has been think that something is going on and quite a few years back kind of business, I saw a gentlemen with I don't know what about this long at about ten o'clock at night, pocking it out~a it's a sheriff but I've never seen a sheriff with a gun thislong couldn't give you a date or time but that's what I say: snd tha and there are a lot of children in the area. Audience Member-gave the address to the location. Mr. Saeki asked if it was across the street. Ms. Navarro responded - no not across the corner, Klingerman and San-Gabriel. So am you 3. CONSENT C. the Demands me cause I live.inth"at area ~t from the dentist on the same me I appreciate your help. esolution No. 2008-83, for payment of City of $962,122.31 numbered 60023 through 60076 and D. California Contract Cities Association - Legislative Orientation Tour The 2009 Annual Sacramento Legislation Orientation Tour will be held 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. Rosemead City Council Meeting Minutes of December 16, 2008 Page 8 of 19 reallybothering me, that makes me when?thebusiness started whatever kind of gun buf~the barrel was this idtl,looked again and_said well maybe ,the barrel this long; okay. So I • u • • Recommendation: That the City Council authorize any Council Member, the City Manager, and staff designee to attend the event at City's expense. 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;Cty'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'everyseven years in order to allow the use of radar in speed,enforcement of locafstreets. For state-owned highways the City must complete the:analysis every ten yea'rs,for speed limits to be enforceable. " • Recommendation: That the City Councl adopt;Ordinance 869 on Second Reading, H. Resolution Reciting the Fact of the Special Municipal Election held November4;2008 and;Declaring the Results as Required by Law r, On becember 9,' M8, the City Clerk's office received the final official statement of votes castand 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 Ciiy Council for approval. 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 Rosemead City Council Meeting Minutes of December 16, 2008 Page 9 of 19 conditions do not warrant the implementation of additional traffic control devices at • this location. Based on these observations, the Traffic Commission approved staffs 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. K. CaIPERS Waiver of 960-Hour Rule for Don Anderson Public Employee Retirement Law prohibits a retired annuitaht 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'apermanent plan for his position, and will be ready to move;forward by July 1, 2009 °:tt Recommendation: That the City CouiibiVadopt Resolution No. 2008=79 R',f requesting an employment extension per Government Code Section 21221(h). N. Biennial Review and Uodate:of Citv Conflict-of=Interest Code The Political Reform Act (Cal Gov't Code 81000 et seq.) controls conflicts of interests of public officials through;,disclosure of,fihancial interests and prohibitions on participatohtih,the making`'of decisionshin which the official knows or has reason, know hb or she has a financial interest. Pursuant to Government Code 87300`and,,87306~~ each city is 'required to have a conflict-of-interest code. Pursuant to Government Code section 87302, this code is required to designate employees whor must`cisclose=certain investments, income, interests in real property; .and business positions, and who must disqualify themselves from making o ,participatng in-the making of governmental decisions affecting those interests. r.... According to Government Code section 87306 and 87306.5, this code must be reviewed every two years and amended when circumstances change, such as wheri new,#sitions are created or duties of existing positions change. The code must tie'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 10 of 19 • 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 C~ A. Minutes October 14, 2008 - Regular Meeting "'ti Mayor Pro Tern John Nunez made a motion, seconded by Council Member approve the Minutes of October 14, 2008. Vote resulted ih:, Yes: Low, Nunez, Tran ` No: Clark, Taylor Abstain: None Absent: None. ~,rs A. Minutes Mayor Pro Tern John'Nuh approve the Minutes of`N Yes: Low, -No; Clark, ,to motion, seconded by Council Member Polly Low, to K2008. Vote resulted in: Tran 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. CJ Mayor Pro Tem John Nuhez 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 l1 of 19 Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None Absent: None 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.Tmedians, 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 critical4to ensure that the City's public landscaped areas are maintained contract ,with Mariposa Horticultural Enterprises expired in June 2007 and the City has'conti, ues to work°with mariposa on a month-to-month. Recommendation: That the City Cou maintenance services and authorize s landscape maintenance fir=ms. Mayor Pro Tern John Nunez made a motif approve the specifications for landscape proposals from qualified landscape main Taylor, Abstain: Proposal the specifications'for landscape proposals from qualified by CouncilMember Polly Low, to services and authorize staff to solicit `Vote.;resulted in: 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 altcities 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 12 of 19 • is • • 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 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 tl- will amend the FY 2008-09 Mayor Pro Tem John;Nunez made,a motion, se approve Resolution No 2008-81.Vote resulted Absent: 4. MATTERSTROM CITY MANAGER & STAFF A. QuartePly;Ifiterlm Financial Update i-l General lions to the budget. will transfer $90,000 for the General Services isolution 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. L J Rosemead City Council Meeting Minutes of December 16, 2008 Page 13 of 19 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, Master Plan At its regular meeting on October 14,,2008, City Council approved the issuance of a Request for Proposals for a Park`s >Recreation, and General"'Facilities Master Plan. v The completed Master Plan will include ah ventory 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 & oth&.Jundlhg oppoftuhities, and will establish specific goals & strategies for the enhancement of facilities and programs, including an overview; of the "fi6cial means` with which to achieve them. The proposed Feasibility;.Study for) development of:•,a trail system along the Southern California Edison Transmission~:Corridor has tieen withdrawn from the project as staff is currently working wlth' 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, understandingof the scope of work, qualifications of the project team, proposed work schedule;` and cost effectiveness. Four firms were invited to participate in interviews witti 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 14 of 19 • is • • 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 budgetedramount, 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 Resolutioh2008-82 to transfer $15,000 from the undesignated,Genera Fund balance to'cove r>remaim project process. . Mayor Pro Tem 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'untlesignated Genera Fund balance to • cover remaining project process. Vote resulted in E Yes: Low Nunez; T.ran 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, s'ch`ools, nonfresidents, and City of Rosemead youth and adult sports programs. These factities 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 15 of 19 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 Tern 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' ,x Absent: None D. Consolidated Disposal Application for Rate Increase On Wednesday, November .21, 2008, (Consolidated) submitted a, letter.requestir proposed rate increase of 7.66%' 6(;' re: commercial customers are scheduled to tak`e'; 11 11 the City Council' approved a rate'increase of solidated Disposal Services 'ate increase for 2009. The at customers and 5.98% for on January 1, 2009. For 2008, to for residential customers and 5.790/o for commercial customers. Y {SA As the City'Council,will recall, Consolidated's annual rate increase is made up of 2 components as follows: Annual Los' Angeles Region Consumer Price Index (CPI) increase - Weighted 700/V ` • 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 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 16 of 19 • LJ • 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 therejs 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. No action was taken; the report was received and E. Traffic Study at Rush Street and Angelus Averiue.and Consideration of Traffic Calming Enhancements In December 2007, the City',-'received a petition from local residents to evaluate traffic conditions at Rush Street ar'd 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 Jurther direction';;On February 12, 2008, the City Council directed"staff to improve`.treffic markings in the area and have an independent engireering company.conduct a new traffic study at the location. Since that time, staff has made traffic"marking improvements and worked with Kimley, Hom and Associates (KHA) to conduct a new traffic study for this area. Traffic~and,pedestrlan counts were taken in May 2008 and an overview of the data is includedfor 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 meetingsthe Commission developed a recommendation to forward to the CitvCounciLfor 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 17 of 19 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 Mai The City currently records the City Council, Planning Commission, and Traffic Commis system that was installed as part of the Chi in the Granicus system as explained atthe Development Commission meetingGe,rrec Community Development Commission1was L.:YMU. requested that staff develop a back-up plar meetings would not be lost. Staff has also received rec formats and would like the will be maintained and Dro meeting ninon - sm Council go Council Member Taylor m. audio cassettthe official No: N6ne Abstain: Nunez Absent: None the City for the Official Record lent Commission, the Granicus t. Due to an error November 18th Community IrIv ording of the October 28';,2008 Jost MAsRa result, the City'"Council 6',eAsure that the recordings of future the meetingrecordings in multiple de direction as to what one media type nt'of?a public records request. cil adopt one method of maintaining the copies as requested. of the Council meetings was excessive and otion, 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 Rosemead City Council Meeting Minutes of December 16, 2008 Page 18 of 19 • • L J • This item was discussed earlier in the meeting, no action was taken. 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 LI • Rosemead City Council Meeting Minutes of December 16, 2008 Page 19 of 19 • • 0