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CC - Item 3A - Minutes 04-08-080 0 MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL April 8, 2008 The regular meeting of the Rosemead City Council was called to order by Mayor Tran at 7:00 p.m. in the Rosemead Community Recreation center, 3936 N. Muscatel Avenue Rosemead California. The pledge to the flag was led by Councilmember Clark. The invocation was delivered by Councilmember Low. ROLL CALL OF OFFICERS: Present: Council Member's Clark, Low, Taylor, Mayor Pro Tem Nunez, Mayor Tran Absent: None 1. PUBLIC COMMENT FROM THE AUDIENCE Dolly Leon, 8455 Mission Drive, thanked City Council and staff for a wonderful yard sale and stated she was glad to see Council Members there; hoped the City would hold another one. Marlene Shinen, 8447 Drayer Lane, San Gabriel, stated she was going to address Wal-Mart and read from "Rosemead Commercial Retail Center 2004 4.2", ",..the City of Rosemead is responsible for ensuring full compliance with the mitigation measures adopted for the proposed project; you are mandated or in authority to ensure Wal-Mart's compliance with the EIR conditional of approval..." Stated this was regarding the Wal-Mart shopping carts. Stated the carts have not been contained and the Planning Commission had not reviewed this issue to ensure compliance. Ms. Shinen distributed pictures of residents utilizing Wal-Mart shopping carts off Wal-Mart's premises. She also spoke regarding an incident where the Wal-Mart manager, Jorge Lopez, was contacted to be informed of a cart that was out in the street; he did not take care of the situation. Ms. Shinen added she called Mayor Tran that same night and Mr. Tran returned the cart himself at 11:00 p.m. that night; thanked Mayor Tran for doing so. Council Member Taylor asked for clarification from Assistant City Manager Brian Saeki and asked if the Planning Commission had a meeting the night before regarding Wal-Mart and also about three months ago about Wal-Mart and the review of the conditional permit. Mr. Saeki responded that was correct Council Member Taylor stated there was a review and Wal-Mart's carts were state of the art and meet the requirements; asked for an explanation on why the City has been paying $800 a month for two years for shopping cart pick ups. Stated Ms. Shinen did not have all the facts and her request was to have someone seven days a week picking up those carts. Mayor Tran responded the point made was that a call was made at 11 o'clock that night (inaudible) City Manager Chi clarified the first call was made to Wal-Mart and not to City Hall. LJ 011 Council Member Clark stated she would like to know what Jorge's response was. City Manager Chi responded he would contact Jorge and request an update on this situation. Ms. Shinen stated she was speaking about the condition of approval not the services provided; stated the way the condition of approval was satisfied was by posting signs so the people who speak Spanish or Asian languages understood those carts should not be taken out of the premises. Mr. Chi responded it was important to know the City has gone to every Super Market and has posted signs in English, Spanish, and Vietnamese stating the carts should not be taken, which is stated in the business code. He added staff will continue to monitor the situation. Council Member Clark asked that this issue be brought back on the next agenda. Jim Flournoy, 8665 Landis View, spoke regarding the approval of the Planning Commission for the CVP; prior to the meeting there were notes turned in to the Commission and it was brought back last night then decided they didn't really need to re-approve it. Planning Commission spent an hour deciding how many hours they should be let operate. Mr. Flournoy also stated that during last night's Planning Commission Meeting the Director of Planning did not really have discussion in regards to the review of Wal-Mart, said they were going to work on it. He concluded by stating there has been no real work on the review of Wal- Mart. Mayor Tran announced that Consent Calendar Items B, D, and G were being pulled for separate discussion. 2. CONSENT CALENDAR A. Resolution No. 2008-23 Claims and Demands Recommendation: Adopt Resolution No. 2008-23, for payment of City expenditures in the amount of $1,744,624.57 numbered 59198 through 59285 and 62124 through 62238. C. City Clerk's Association of California - Annual Conference Bakersfield - April 23.25, 2008 The City Clerk's Association of California Annual Conference will include: Case Law Updates - Election, Public Records, Brown Act, and Elections and Campaigns. Recommendation: That the City Council authorize the attendance, at City expense, of the City Clerk and the Assistant to the City Clerk. Recommendation: That the City Council authorize the attendance, at City expense, any Council Member, City Attorney, City Manager, and staff designee. Rosemead City Council Minutes of April 8, 2008 Page 2 of 11 s • E. League of California Cities 2008 Mayors and Council Members Executive Forum and Advanced Leadership Workshops - Squaw Creek- June 4.7, 2008 For your consideration is information regarding the League of California Cities 2008 Mayors and Council Members Executive Forum and Advanced Leadership Workshops. Recommendation: That the City Council authorize the attendance, at City expense, any Council Member, City Attorney, City Manager, and staff designee. Titles of Officers Authorized to Make Deposits and Withdrawals in the Local Agency Investment Fund (LAIF) LAIF must have on file a City resolution listing the exact names and titles of officers authorized to make deposits and withdrawals in the LAIF account. On February 13, 2007, the City Council passed Resolution No. 2007-06 designating the City Manager, Deputy City Manager, and Chief Financial Officer as the officers having authority to make deposits and withdrawals in the LAIF account. Subsequently, the Deputy City Manager title was changed to Assistant City Manager. With any change of title LAIF requires, for their files, a new resolution identifying the change of titles. Resolution No. 2008-22 provides LAIF with a City resolution listing current names and titles of officers authorized to make deposits and withdrawals in the LAIF account. Recommendation: That the City Council approve Resolution No. 2008-22 listing the City Manager, Assistant City Manager, and Chief Financial Officer as the officers authorized to make deposits and withdrawals in the City's LAIF account. H. Resolution Approving the San Gabriel Valley Council of Governments and Restated Joint Exercise of Powers Agreement At its October 18, 2007 meeting, the San Gabriel Valley Council of Governments (SGVCOG) approved a request by three of the San Gabriel Valley's water agencies (Three Valleys MWD, San Gabriel Valley MWD, and Upper San Gabriel Valley MWD) to be admitted to the SGVCOG under a single membership. On February 21st, the Governing Board approved Amendment One to the Third Amended JPA and directed that Amendment One be submitted to the legislative bodies of the SGVCOG's member agencies for their approval. Recommendation: That the City Council formalize the City's support of the SGVCOG's Amendment One by adopting Resolution No. 2008-25. Rosemead City Council Minutes q April 8, 2008 Page 3 of 11 ® • Mayor Pro Tern Nunez made a motion, second by Council Member Low to approve Consent Calendar items with the exception of Items B, D, and G. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None B. League of California Cities - 2008 Legislative Action Days Sacramento - April 16.17, 2008 For your consideration is information regarding the League of California Cities 2008 Legislative Action Days. Recommendation: That the City Council authorize the attendance, at City expense, any Council Member, City Attorney, City Manager, and staff designee. D. California Contract Cities Association - 49th Annual Municipal Seminar Indian Wells - May 29 - June 1, 2008 For your consideration is information regarding the 49th Annual California Contract Cities Association Municipal Seminar. Juan Nunez; 2702 Del Mar Avenue, asked what advantage the City had by attending the League of Cities seminar; stated they seem to work in line with State Government. Mr. Nunez added they did not do much for tax payers and asked for more information on this item. Council Member Clark responded that a couple of years ago the League of California Cities started Proposition 1A, which entailed the State not being able to take Cities' money; they have to borrow the money and pay it back between 10 to 20 years with interest. Ms. Clark stated this Proposition was started by the League of California and passed by the State; it used to be whenever there was a downturn cities were hit hard. Mayor Pro Tern Nunez stated the League of Cities is not an association that rides along with the Governor, as a matter of fact, it has opposed a lot of things the Governor has proposed. He added if the cities do not talk to the Governor and the Legislatures, the City will lose out. Mayor Pro Tern Nunez made a motion, second by Council Member Low to approve staff's recommendations for items B and D and include the Planning and Traffic Commissioners on Item D. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None Rosemead City Council Minutes of April 8, 2008 Page 4 of 7 l 0 • G. Resolution Opposing Proposition 98 The League of California Cities (the League) is part of a broad coalition that opposes Proposition 98, the California Property Owners and Farmland Protection Act. The League has requested that the City Council adopt a resolution to formally oppose Proposition 98. Recommendation: That the City Council formalize the City's opposition to Proposition 98 by adopting Resolution No. 2008-24. Jim Flournoy, 8665 Landis View, asked that the City oppose Proposition 98, asked Council to look at this carefully and follow staff's recommendation. Juan Nunez, 2702 Del Mar Avenue, spoke regarding Proposition 98 and how some property owners will vote for Proposition 98 and not against it. . Council Member Clark stated she was surprised that Proposition 99 was not on the agenda; there are only two propositions on the ballot, 98 and 99, and would rather support 99. Stated the wording on Resolution for Proposition 98 was inflammatory and it did not really explain why it should be opposed. Mayor Pro Tern Nunez responded to look at the position of the Action Committee, which is not the League of Cities, they have asked people, like himself, to take a position against 98 because it does the city harm. It affects Cities on how they can take care of business in the city and that is the most mutual position the City can take. By saying they want to support 99 would not be a mutual position for the City and that is why they did not ask us to look at that. Proposition 98 affects us even by being able to build a road or expand the freeway; this will halt production to cities. Council Member Taylor stated he intended to vote no because of the title on resolution, "...Opposing Proposition 98, the California Property Owners and Farmland Act", and unfortunately the newest Council Members have not been involved with condemnation. Mr. Taylor added if he was in that platform he would want to protect the property of the homeowners and businesses. Mayor Tran asked Mr. Nunez if by taking a position on this matter it would harm the City of Rosemead. Mayor Pro Tern Nunez responded the resolution talks about the fact that Proposition 98 does not help Cities, Water Boards, and Commissions; it also hurts the communities that already have rent control. Added he did not think the resolution was inflammatory but rather informational to the community. Mayor Pro Tern Nunez made a motion, second by Council Member Low to approve staff's recommendation. Vote resulted in: Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None Absent: None Rosemead City Council Minutes of'April 8, 2008 Page 5 of 11 o • 3. MATTERS FROM CITY MANAGER & STAFF A. Allocation of HOME Funds for CHDO Operating Expenses On October 9, 2007, the City Council enter into an Agreement with Rio Hondo Community Development Corporation (RHCDC) for the production of affordable housing using the 15% CHDO set-aside funding as required.under the Home Investment Partnerships (HOME) entitlement grant. The Agreement included language relating to operating subsidies and allowing for RHCDC to be reimbursed for expenses incurred while working with the City on an affordable housing project. Under the HOME Federal Regulations, CHDOs that are certified, like RHCDC, are eligible to receive up to an additional 5% of a City HOME entitlement grant for expenses incurred as operating assistance funding. The CHDO operating assistance is based on the development of project. These funds provide general operating support during the development of CHDO set-aside funded demonstrate a need for operating support. According to the HUD regulations, assistance for operating expenses in each fiscal year may not exceed $50,000 or 50% of the CHDO's total annual operating expenses for that year, whichever is greater. Recommendation: That the City Council allocate $13,000 (2.5%) of Fiscal Year 2007-08 HOME Investment Partnerships Program Funds to RHCDC to defray certain costs for the operation as the City's CHDO as outlined in Section 92.208(a) of Title 24 of the United States Code of Federal Regulations and approved the Operating Expense Agreement. Mayor Pro Tem Nunez made a motion, second by Council Member Low to approve staff's recommendation. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None B. Citizens' Option for Public Safety (COPS) Grant In 1996, the California Legislature approved AB 3229 (Brulte) allocating $100 million for local police services. In 2002, the program was renewed and extended under SB 823 (Poochigian). The City of Rosemead has participated in this program over the last several years through the Citizens' Option for Public Safety (COPS) which is similar to the Local Law Enforcement Block Grant (LLEBG) administered by the Department of Justice. In past years, the funds have been earmarked for various frontline police services. The City received grant funds for fiscal year 2006-07 and funded motorcycle traffic enforcement and special event overtime. This fiscal year, 2007-08 the City received $110,427. The Rosemead City Council Minutes ofApril 8, 2008 Page 6 of 11 0 0 administration of these funds requires the City Council to agenize the grant recommendation and provide the opportunity for public discussion. The City Council must then approve the allocation and expenditure of these funds. Therefore, for fiscal year 2007-08 these funds were once again budgeted and expended to offset the costs for motorcycle traffic enforcement and special event overtime. Captain Richard Shaw, Temple Station Commander is aware of this expenditure and concurs with this use of the COPS grant funds. Recommendation: That the City Council approve the appropriation of the COPS funds for fiscal year 2007-08. Council Member Taylor made a motion, second by Mayor Pro Tern Nunez to approve staff's recommendation. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None 4. MATTERS FROM MAYOR & CITY COUNCIL A. Discussion Regarding City Attorney Billing Procedures Council Member Taylor has requested that the City Council engage in a discussion related to several different issues concerning the City Attorney. First, the Council Member Taylor has requested that the City Council review of the City Attorney's contract as it relates to payment for services. Currently, the City has received billing statements for work performed through the end of the month of December 2007 for retainer related services and for litigation related services. In addition, the City has received billing statements for work on the Grand Jury Referral matter through the end of the month of November 2007. Per Council Member Taylor's request, we have included a copy of the agreement for City Attorney Services for review. "Payment for Services" in included in the contract per Section 3, Subsection G of the document. In addition, Council Member Taylor has requested the opportunity to review the City Attorney's billing statements, including billing detail, as it relates to the review of the distribution of postcards. Jim Flournoy, 8665 Landis View, stated he would like to see these items negotiated proactively (inaudible). Mayor Pro Tern Nunez removed himself from the dais. Rosemead City Council Minutes ofApril 8, 2008 Page 7 of 11 Council Member Taylor asked what could be done to get billing in more promptly. City Attorney Bonifacio Garcia responded that as indicated in last meeting there was a glitch on their computers, which has been fixed, and added the billing should be received by staff shortly. Council Member Taylor stated that was all. Mr. Garcia asked Council to consider cutting down his retainer cap from $30,000.00 to $20,000.00 and having it discussed on the next Council agenda. Mayor Pro Tern Nunez returned to the dais. B. Requiring the Registration of Abandoned Residential Properties Mayor Pro Tern Nunez has requested that staff engage in the process of adopting an ordinance to establish an abandoned residential property registration program. Mayor Pro Tern Nunez provided ordinances from the City of Murrieta to serve as references. Recommendation: That the City Council provide staff with further direction regarding requiring the registration of abandoned residential properties. Brian Lewin, 9501 E. Ralph Street, stated he thought something like this will help; the City has issues with property maintenance. This will help identify responsible parties for various properties and allow the City to go in and hold owners responsible. Mr. Lewin added he supported this and hopefully the City will develop a program. Mayor Pro Tern Nunez stated this issue was being brought up because recently he had gone to Washington and became aware of the problems coming towards Southern California regarding foreclosures on homes. Stated that during foreclosures, homes are taken away and abandon; it was suggested Cities can look into things that can take care of some possible problems. This will allow us to identify the property owners ahead of time; if the bank is the owner they have to make sure they know that part of taking back the properties also means they have maintain it. If it is not taken care off then the City can maintain it and put a lean on the property. Mr. Nunez concluded by stating if the City works proactively by adopting an ordnance it will be one way of helping the community look cleaner. Council Member Taylor asked if staff made comparison with this bill and our current property maintenance ordinance. City Manager Chi responded no. Council Member Taylor stated most of this is already in our property maintenance and asked that this item be deferred to next meeting. Mr. Chi responded there were elements of what Mr. Nunez proposed already included in the property maintenance ordinance. He added this item was put on the agenda for further direction from Council and Rosemead City Council Minutes of April 8, 2008 Page 8 of I I that this item would be brought back to Council for comparison of the existing ordinance and the proposed ordinance. Council Member Low made a motion, second by Mayor Pro Tern Nunez to have staff bring back property maintenance ordinance and this proposal for comparison. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None C. Formation of AD-HOC Veterans Commission Mayor Pro Tern Nunez has requested that the City Council consider the formation of an ad-hoc Veterans Commission. Staff has engaged in some preliminary and cursory research regarding this possibility and prepared a memorandum outlining some of the basic issues regarding this potential action. Recommendation: That the City Council provide direction regarding Mayor Pro Tern Nunei s request for creating an ad-hoc Veterans Commission. Mayor Pro Tern Nunez stated he strongly desired the community to have Veterans respected and looked at as good citizens in our community. We need to have Veterans from the City of Rosemead come together and figure out how to work with the Veteran community and make them feel welcomed. Also to let them know that all they have done has been worth while. Stated that when he got drafted in 1969 and came back he saw there was a need for Veterans to feel part of the community; he became a little league couch, a Rosemead Rebel's coach, and also became very involve in the school his children were attending at the time. Added it was important the City set up a commission for the Veterans and have some sort of ' outreach for them. Council Member Low stated she shared the same views and also was concerned with the troops that are coming back and hoped the City could do this and help them out. Council Member Clark made a motion to move this and stated she had spoken to the people from the Savanna Cemetery and was informed their memorial ceremony would be held at 10 a.m., South El Monte is having theirs at 11 a.m. and asked if the City of Rosemead can have it at 9 a.m. Mayor Tran asked staff to research this and see what other commissions do and what their guidelines are. Mr. Tran asked that a couple of Council Members work with staff on this matter. City Manager Chi stated staff would put together a proposal and bring it back for Council's review. Council Member Taylor stated his impression was that this was going to be a volunteer organization and not run by the City. Rosemead City Council Minutes of April 8, 2008 Page 9 of l l 0 0 Mayor Pro Tem Nunez responded he was looking for this to be a commission of the City, which means it has to have the support of the City. Council Member Taylor asked who was going to run the operation. Mayor Tran stated staff would compile research and would bring it back to Council for review. Council Member Clark made a motion, second by Council Member Low to have staff research the formation of AD-HOC Veterans Commission and bring it back for City Council's review. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None Mayor Tran asked if there were any other items. Council Member Low stated she would like staff to look into and examine other cities or options to institute Council term limits in the City of Rosemead. City Manager Chi asked if Ms. Low would like staff to distribute a report back to Council. Ms. Low asked if it was too soon to put it on the next City Council agenda. City Manager Chi responded staff would do the very best to bring it back as soon as possible. Council Member Clark asked that some weeds be removed from under power lines; would like staff to address this because it needs to be taken care of, although it should be Edison who should respond to this matter. Council recessed to closed session at 7:57 p.m. 5. CLOSED SESSION The City Council will recess to a Closed Session pursuant to: 1) Government Code 54956.9(a): Conference with Legal Counsel - Existing Litigation Name of Case: Haro v. City of Rosemead 2) Government Code Section 54957: Public Employee Performance Evaluation Discussion Title: City Manager and City Clerk Rosemead Cily Council lffinutesofApril 8, 2008 Page 10 of I I 0 • The Council reconvened back from closed session at 8:58 p.m. and Mayor Tran announced there was no reportable action taken. 6. ADJOURNMENT The next regular City Council meeting is scheduled to take place on April 22, 2008 at 7:00 p.m. Respectfully submitted: Approved: Gloria Molleda City Clerk John Tran Mayor Rosemead City Council Minutes of April 8, 2008 Page 11 o 11