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CC - Item 4A - Minutes 02-10-09Minutes of the REGULAR CITY COUNCIL MEETING February 10, 2009 The regular meeting of the Rosemead City Council was called to order by Mayor Tran at 7:03 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. FLAG SALUTE: Mayor Pro Tern Nunez INVOCATION: Council Member Clark ROLL CALL OF OFFICERS PRESENT: Mayor John Tran, Mayor Pro Tern John Nunez, Council Member Margaret Clark, and Council Member Polly Low OFFICERS ABSENT: Council Member Gary Taylor OFFICIALS PRESENT: City Manager Chi, City Attorney Garcia, Assistant City Manager Saeki, Assistant City Manager Hawkesworth, Director of Finance Brisco, Director of Parks and Recreation Montgomery-Scott, Economic Development Administrator Ramirez, Deputy Public Works Officer Marcarello, and City Clerk Molleda. Mayor Tran announced that public comment would be moved up on the agenda. 2. PUBLIC Barbara Murphy - addressed Council regarding the Rosemead Park Trail, which has been Ron Gay - thanked Mayor Tran, Mayor Pro Tern Nunez, and Council Member Low for the Rosemead Park Trail; stated he lives right across from the park and has observed a lot of people walking on the park trail. He commented that the health benefit and what we are teaching the kids is great. Also wanted to thank Council for the support to the Rosemead Youth Association; just had an event where two of the kids from the association were drafted to professional baseball teams. completed since October 2008, Stated the trail was the most popular thing the City had ever done. She added that 400 people have signed up to the 100 mile challenge and many were also excited about the exercise equipment. Stated some people who walk the trail are from neighboring cities and they had asked her to come and thank whoever was responsible for building it. Asked Council Member Margaret Clark for an apology for the comment she'd made last summer regarding the petition she submitted with 400 signatures of people who wanted the park trail. Asked that she also apologize for insinuating those people did not know what they were signing. Council Member Clark -responded that because opposition made it better I actually voted for the rubberized asphalt and stated she had simply asked if the people knew about the trail being built through the picnic area. Rosemead City Council Meeting Minutes of February 10, 2009 Page 1 o f 20 Lastly, he stated he wanted to direct himself to Council Member Clark, it is time to end the trifle bickering. He added that the Council majority have done nothing but positive things for the City. Marlene Shinen - addressed Council regarding the $400 thousand dollar settlement. Directed herself to Mayor Tran and stated she was puzzled and asked him if he had seen the settlement Wal-Mart had paid to the SOC members. Mayor Tran - responded that as stated many times before he had not seen a copy of the settlement agreement. Ms. Shinen continued, she stated she did not understand why he did not have a copy if he had asked for it before. She stated that on October 14, 2008 she received a response to her CPRA from the city manager; it was a document that was not dated and not fully executed by all parties. Stated that on the 10/14 City Council Meeting she, Council Member Clark, and Mayor Tran requested for a copy of this settlement. At the 10/28 City Council meeting, Mr. Flournoy stated he had a final copy of the settlement and Council Member Taylor asked him for a copy. Mr. Flournoy responded that he would have to check with the board. Stated that at this point all the council members had requested a copy of this agreement and it was now on record. She asked Mayor Tran how much of the $400 thousand dollar settlement Wal-Mart intended for the people went to his political campaign. Mayor Tran - responded, zero dollars, he asked Ms. Shinen if she received any money Ms. Shinen responded Jim Flournoy had offered her $20,000. Sergio Nava - thanked council members for helping the RYA league and stated he was hoping to get more help when it came to their field needs. Stated he was here with support of other parents; reminded council the league had been here since 1952 and asked that council continue to help them and thanked council for all their great work. Jerry Faustino - thanked council for supporting the youth program. Stated there was a lot of support from the community that felt strongly about the program. He added he would be helping as a coach this year in the league. Stated this was his 151h year with the league and that they were expecting 500 registrants this year. He added the league was putting together an advisory committee of senior past officials, he introduced a couple of past officials, and thanked council once again for their ongoing support to the league. He also stated he would like to see a skateboard park built in the City of Rosemead, Oscar Magania - President of Rosemead Youth Association, thanked council for their support to their program and read the RYA mission statement. Once again thanked council for their past and present support and asked that they continue doing so. Sandra Armenta - stated she was a former participant of RYA and added that she was here to speak on the importance of organized sports. She stated children turned to sports to learn about being team players, to show respect, and stay physically active. Sports give children an outlet instead of going out in the streets. As an educator I see the importance of keeping children active Rosemead City Council Meeting Minutes of Fehruaty 10. 2009 Page 2 of 20 in organized sports and keeping them off the streets. Jean Hall - stated she would like to speak on various issues. She stated she had enjoyed herself at the 50th Anniversary party and acknowledged staff for their originality and doing a good job putting the event together. She commented on the issue of sports and added she thought they were very important for the children. She also spoke in regards to an incident that occurred on her street on Marshall and Muscatel; she saw food vendors and noticed that traffic was piling up more than usual to the point where cars were honking their horns. She added that at one time the city was not welcoming street vendors and there was some kind of regulation put together. Her last comment was in regards to the campaigning some of the candidates were conducting. She concluded by stating that some residents had been offered gift cards if they allowed political signs on their yards. Julie Gentry -stated she wanted to congratulate the city the 50th Anniversary party and also with the Oktoberfest E member of the Dinsmoor House museum she looked fore added their committee was very grateful to see the progn Dinsmoor House. Mayor Tran - called Jim Flournoy to the podium and asked Mart/SOC settlement agreement. staff on the magnificent job done with I. Ms. Gentry commented that as a to seeing the house restored. She nade in the restoration of the m to provide a copy of the Wal- Jim Flournoy - addressed council and stated that the SOC had voted (the officers who were himself, Larry Bevington, and Dave Stewart) and had concluded that no copy of the settlement He responded, the attorney advised the board (the officers who were himself, Larry Bevington, and agreement would become available to anyone. He stated no one had a copy of the settlement agreement other than the SOC; added that even if there was a copy the money had been deposited in their attorney's trust account and the agreement would not show how SOC asked their attorney to disburse the funds. Council Member Clark -asked Mr. Flournoy to clarify what he meant by "the attorney's advice to keep the settlement confidential". Council Member Polly Low - asked Mr. Flournoy if Mr. Tran had received any money from that settlement. Mr. Flournoy responded he had addressed that issue before and that no one from SOC, including Mr. Tran, had received any money. He stated the city had a less contentious election this year because of the agreement and added the city was better off because of it. He stated the copy you have is a draft, not the final copy. Mr. Flournoy also spoke on the closed session item that would be discussed later on the agenda. City Manager Chi clarified the settlement agreement between SOC and Wal-Mart was not a city document and the city was not required to have a copy of such document. Rosemead Citv Council Meeting Minutes of Febmarv 10, 2009 Page 3 of 20 Velia Navarro - stated she was concerned with the statements Mr. Flournoy had made because he stated there were no more members of SOC and she was under the impression she was still a member. She then addressed Mayor Tran and asked him if he got elected again as Mayor would he then give the slaughter house business a business license again. Mayor Tran responded that he would not. Ms. Navarro then addressed the issue of verbatim minutes and asked why minutes were not being produced in that manner any longer. She stated she had previously asked that her comments be recorded in the minutes verbatim and no one informed her they would not be done that way. Mayor Tran informed Ms. Navarro that minutes had never been done verbatim but rather in summary format. Ms. Navarro also expressed her concerns with the purchase of the Rosemead Inn and stated she did not see the benefit the residents of Rosemead would receive from this purchase. Ms. Navarro concluded with commenting on the staffs behavior when Mr. Juan Nunez addresses the city council and asked that staff and council members address him with respect. Hugo Carrillo - Regional Commissioner of AYSO, stated he wanted to talk about the park fees approved in December by council. He thanked Mayor Tran for reaching out and bridging the communication gap between them and for his support to the program. He added his region represented Rosemead and San Gabriel and they reached out to both communities. Wanted to say that the groups who run the program are all volunteers. Mr. Carrillo concluded with thanking council again for reaching out to his program and stated he was looking forward to meeting in March with the other youth program and distributing the fields' usage. Juan Nunez - addressed Mayor Pro Tern Nunez on the idea he had brought up in regards to having street sweeping on one side of the streets one day and then the other side on a different day; he asked if cost had been considered when bring up this issue. Mayor Pro Tem Nunez responded that staff would need to put a bid together and gather information on the matter. Mr. Juan Nunez that money would also be spent in putting up signs and not only in retaining street sweeping services. Aleiandro Gandara - commented on the improvement of graffiti removal. He also commented on the issue Council Member Clark had brought up previously in regards to finding it difficult to take an English class in the Rosemead Community Recreation Center. He stated he was glad she had brought the issue up because he did not agree with English not being spoken at that class and wanted to make sure classes were being offered in the English language. Mr. Gandara then directed himself to Council Member Clark and stated she was running with a candidate whose mother had sued the city and stopped an election because she did not speak English. He also addressed a mailer he had received regarding the slaughter house business and the avian flu and Rosemead City Council Meeting Minutes ofFebruarv 10, 2009 Page 4 gf20 asked Council Member Clark if she had brought forth a policy to protect the city, if such a disease would break out. Steven Ly - stated he wanted to speak about the slaughter house but since his mother had been brought up he would clarify and speak on that issue. Mr. Ly stated his mother had been involved in a lawsuit a couple years ago with Jay Imperial because she had been mislead and asked to sign a petition she was told was in support of the Wal-Mart; she later learn the petition she signed was not about that (it was against the Wal-Mart). Mr. Ly also stated he wanted to thank Council Member Clark for bringing the slaughter house issue to the public's attention because prior to that no one had really attended the council meetings when that issue was being discussed. He concluded with stating he was honored to be running with Council Member Clark and Sandra Armenta and he was honored to be a Rosemead resident. Mayor Tran called for a short recess at 8:33 p.m. and reconvened at 1. PUBLIC HEARINGS A. Public Hearing on the Project Area On November 20, approved a professional ser commencing the merger of I project areas is the ability to another. In the City of Rose well as tax increment genes No. 2 for various capital imp facilities renovations, ect. Rosemead Community Development Commission ces agreement with Urban Futures Incorporated oject Area No. 1 and 2. The benefit of merging pend tax increment funds generated in one area in read, this will allow tax exempt bond proceeds as ed in Project Area No. 1 to be spent in Project Area ~vement projects like street rehabilitation, public Recommendation: That the City Council conduct a public hearing, review, consider, and adopt Resolution No. 2009-03, and Ordinance No. 871. Mayor Tran read the following statement, "I now declare open the public hearing on the proposed merger amendment to the redevelopment plans for the Rosemead Redevelopment Project Area No. 1 and the Rosemead Redevelopment Project Area No. 2, and the related Negative Declaration." Mayor Tran opened the public hearing at 8:46 p.m. Economics Development Administrator Michelle Ramirez reviewed the staff report and the procedures for the above public hearing. Paul Showalter, Urban Features Inc., the city's consultant who assisted with the merger process gave a presentation on the Merger Amendment, the Negative Declaration of Environmental Impact, and the Commission's report to the City Council. Juan Nunez - asked why the city was taking money from one area to benefit the other. Rosemead City Council Meeting Minutes of February 10, 2009 Page 5 q1'20 The City Clerk stated there were no other comments written and/or oral to be presented. The public hearing was closed at 8:56 p.m. Council Member Clark referred to the map provided and stated she opposed this merger because as stated during the public hearing the merger was being done so that generated funds from one area could be utilized on the other project area. It was stated that the areas were created to eliminate blight and it was clear on the map that there were more blighted areas on the Valley Boulevard side (intended to say Garvey). Mrs. Clark added that it did not make sense to take funds from the more blighted area and put it in the less blighted area. She stated it was being done so that the money recently spent on the purchase of the hotel could be replaced with new funds. Council Member Low stated that in looking at the map the and the council should be a little more aggressive in elimii approving the merger the city would have flexibility to do r and allow the residents to live more comfortable. City Manager Chi stated that Project Area No. 1 and Project Area No. 2 generates approximately gad not done many redevelopments blight. Mrs. Low stated that by be aggressive in removing blight, I million in tax increments per year i in tax increments per year. Mayor Pro Tern Nunez - stated the reason for the merger was because of the flexibility it provided the city to improve one project area, if needed, by utilizing funds from the other. Council Member Low made a motion, seconded by Mayor Pro Tern Nunez, to approve Resolution No. 2009.03. Vote resulted in: Yes: Low, Mayor Pro Tern Nunez made a motion, seconded by Council Member Low, to adopt Ordinance No. 871. Vote resulted in: Yes: Low, Nunez, Tran No: Clark Abstain: None Absent: Taylor B. Public Hearing on the Fiscal Year 2009-10 Annual Action Plan The City of Rosemead is a federal entitlement grant recipient of Community Development Block Grant and HOME Investment Partnership funds from the U.S. Department of Housing and Urban Development (HUD). As part of the process to receive funding, the City must undertake development of a Consolidated Plan and Rosemead City Council Meeting Minutes of February 10. 2009 Page 6 of 20 Annual Action Plan. It is called a Consolidated Plan because it consolidates the application process for HUD's four (4) entitlement grants into one consolidated plan and application. The four grants are: Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), Housing Opportunities for Persons with AIDS (HOPWA), and Emergency Shelter Grant (ESG). All four grants are driven by an entitlement formula process set by the federal government. The City is eligible to participate in two (2) of these programs: CDBG and HOME. As part of the requirements of the federal Consolidated Plan process, the City is required to hold a public hearing regarding the projected use of funds prior to adoption of its Consolidated Plan and Annual Action Plan. In order to receive the FY 2009-10 allocations, the City must comply with the following requirements of the Consolidated Plan final rule regarding pre-submission requirements: Fulfill citizen participation requirements by conducting a public hearing to receive citizen input regarding annual funding needs; ➢ Publish a draft Plan and Annual Action Plan for a 30-day comment period in order to receive citizen input regarding the final document; and Conduct a public hearing adopting the final Plan and the Annual Action Plan. The Annual Action Plan is a part of the Consolidated Plan, which takes all HUD requirements regarding planning, needs analysis, reporting, budgeting, citizen participation and certifications and incorporates them into one process. The full Consolidated Plan must be completed once every five (5) years and the Annual Action Plan must be completed annually. Recommendation: That the City Council conduct a public hearing and take public testimony on the Annual Action Plan covering the period July 1, 2009 - June 30, 2010. No further City Council action is necessary. Mayor Tran opened the public hearing at 9:19 p.m. Economics Development Administrator Michelle Ramirez addressed council and reviewed the staff report for the above public hearing. John Lovato - Rosemead School District, addressed council and thanked them for the Block Grant awarded to the Rosemead School District this year. He stated that in partnership with Panda Corporation they are implementing a parenting program that is new to Steven Covey and other Panda schools. Mr. Lovato stated they had one hundred families enroll in their programs and he is looking forward to the continuing support Rosemead School District receives from the City of Rosemead. Holly Knapp - thanked council for their assistance and their help. Thanked Parks & Recreation for doing what they did during Christmas time, they received over 10 thousand plus can goods from the city, they received 5 pallets of food from Wal-Mart, and stated the food was really needed at Rosemead Citv Council Meeting Minutes of Febniarv 10. 2009 Page 7 of 20 this time because more and more people were in need of it. She stated she was very proud of the City of Rosemead for always being very generous with their CDBG funds compared to the surrounding cities in the area and hoped the city would continue with their generosity. Frances Espinoza - Housing Rights Center, stated their organization provided housing services to Rosemead residents; they counsel landlords and tenants of their rights. She commented on the fact that the city has helped fund their organization for a very long time and hoped the city will continue to do so. George Nalbach, Ph.D. - Family Counseling Services, thanked council for the CDBG funds that have been given to their organization since 1999. Dr. Nalbach went over the services provided to Rosemead residents by their counseling organization. Thanked council once again for continuing to fund their organization. Juan Nunez - asked if the city was going to participate in the CDBG and HOME programs. The public hearing was closed at 9:33 p.m. Council Member Clark asked for clarification on the letters sent to the organizations and asked why this process was being delayed. Economics Development Administrator Michelle Ramirez clarified that the process was not being delayed, the current social services had been asked to submit their request so they would be available to present at this council meeting, and in addition, the organizations will have to meet with staff for an annual evaluation, which can be done at any time through out the year, No action was taken on this matter. C. Appeal of Conditional Use Permit 08-08 2244 Walnut Grove Avenue On December 15, 2008, the Planning Commission approved Conditional Use Permit 08-08, to allow the co-location of an unmanned wireless telecommunications facility on an existing T-Mobile monopine at 2244 Walnut Grove Avenue, in the C-3 (Medium Commercial Zone. On January 5, 2009, the City Clerk's office received an appeal letter from Verizon Wireless, requesting to modify conditional of approval number 5. Recommendation: That the City Council UPHOLD the language in Conditional Approval Number 5 of Conditional Use Permit 08-08, as approved and adopted by the Planning Commission on December 15, 2008. Mayor Tran opened the public hearing at 9:36 p.m. Rosemead City Council Meeting Minutes ofFebruaty 10, 2009 Page 8 of 20 Principal Planner Sheri Bermejo reviewed the staff report on the appeal of Conditional Use Permit 08-08. Ramon Salazar - stated he was representing Verizon Wireless in regards to this subject matter and he extended their gratitude to the Planning Commission for approving the Conditional Use Permit. He explained that Verizon was leasing the site, as well as, a tower from T-Mobile and they should not be held accountable for Conditional Approval Number 5. He stated the reason for the appeal was based on ownership and the division of responsibility. Mr. Salazar stated Verizon was asking to put brackets on the idea that whatever Verizon touches on that site Verizon should take responsibility for and added that T-Mobile should be the responsible party. Mayor Pro Tern Nunez - asked if additional technology was needed and addition items needed to be attached to the tower and in turn make it unattractive or intrusive to the City, should the city not have the right to state the Conditional Use Permit was not approved for the change. Mr. Salazar agreed and stated that if additional equipment would be needed they would be forced to come back to the Planning Commission for approval. He added he did not think it was the city's purview to monitor what technology each site had. City Manager Chi responded it was the City's purview and explained that the Conditional Use Permit process was for that purpose. Mr. Chi continued by saying that based on Mr. Salazar's comments, which stated no changes would be made, he didn't understand the reason for the appeal to the language that protects the City in the event Verizon decides to do something different on that site. Juan Nunez - stated that some people expressed concerned on how the tower was going to look in front of their homes. Asked if there would be any health issues or television interruption due to this tower. The public hearing was closed at 9:49 p.m. Council Member Clark stated her experience with these permits were that they were simply formality and if changes needed to be made they were brought back to the city. If there was no opposition from anyone then the permits would be approved. She said the City should maintain control over the issue and agreed that the council should uphold the language in the Conditional Use Permit. Mayor Pro Tern Nunez made a motion, seconded by Council Member Low, to UPHOLD the language in Conditional Approval Number 5 of Conditional Use Permit 08.08. Vote resulted in: Yes: Clark, Low, Nunez, Tran No: None Abstain: None Absent: Taylor Rosemead City Council Meeting Minutes ofFebman~ 10, 2009 Page 9 of20 3. CONSENT CALENDAR B. Resolution No. 2009.04 Claims and Demands Recommendation: That the City Council adopt Resolution No. 2009-04, for payment of City expenditures in the amount of $1,293,073.76 numbered 60139 through 60182 and 100001 through 100009 and 64925 through 65045. C. Resolution No. 2009-10 Claims and Demands Recommendation: That the City Council adopt Resolution No. 2009-10, for payment of City expenditures in the amount of $816,063.43 numbered 100010 through 100068 and 65046 through 65201. E. Notice of Completion - Rosemead Park Trail As part of the City's Fiscal Year 2007-08 Capital Improvement Budget, the City Council approved a project to complete recreational enhancements at Rosemead Park. The project included the addition of a'/2 mile jogging/walking trail, a new rubberized asphalt pad for tai-chi and volleyball participants, and the addition of new stationary exercise units. The project has now been completed to the satisfaction of the City's Public Works Services Business Unit. Recommendation: That the City Council: Accept the completed work. Authorize the City Clerk to file a Notice of Completion Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after City Council acceptance. G. Adoption of CalPERS Resolution of Intention to Exclude Administrative Interns from CalPERS Membership Presently the City has three interns that work in various business units and are gaining valuable experience in their respective fields of interest. These team members work approximately 20 hours per week in order to ensure that they stay under the 1,000 hour threshold so that the City does not have to enroll them into CaIPERS. The City's current contract with CalPERS requires that all team members who work 1,000 hours or more in a fiscal year to be enrolled into CalPERS for the remainder of their employment with the City. Rosemead City Council Meeting Minutes ofFehruary 10, 2009 Page 10 of 20 Staff has been working with CalPERS and has made the determination that Administrative Interns could be categorically exempt from CalPERS membership due to the temporary nature of their position along with other factors. Staff has received authorization from CalPERS to move forward with this request and is brining before the City Council a Resolution of Intention to amend the contract with CalPERS. Recommendation: That the City Council adopt Resolution of Intention (Resolution No. 2009-09) to amend the Contract with CalPERS. H. Annual 2008-2009 Slurry Seal Project - Approval of Plans/Specifications and Authorization to Solicit Bids As part of the City's Fiscal Year 2008-2009 Capital Improvement Program, the City Council approved a program entitled, "Targeted Public Works Projects", which consists of public improvements to the City's local streets and public right-of-way areas. This project will help extend the life of local streets and improve community aesthetics. This project is funded through the Community Development Block Grant (CDBG) program which requires that the funds be spent on specific project types and in specific targeted areas. This project meets CDBG requirements. Recommendation: That the City Council: Approve the plans and specifications for the Annual 2008-09 Slurry Seal Project. 2. Authorize staff to advertise this project and solicit bids to complete the improvement project. City Tree Planting Project- Approval of Specifications and Authorization to Solicit Bids City Trees are an important asset to the character of the community that help enhance community aesthetics and the City's environmental well-being. Trees help to provide a lasting benefit for the community today and for future generations. In reviewing the City's street tree vacancy list and conducting filed inspections, staff has identified several locations in need of new street trees. Recommendation: That the City Council: 1. Approve the plans and specifications for the City Tree Planting Project. 2. Authorize staff to advertise this project and solicit bids to complete the improvement project. Rosemead City Council Meeting Minutes of Februarv 10, 2009 Page 11 of 20 J. Annual 2008-2009 Curb Ramps Construction Project - Approval of Plans/Specifications and Authorization to Solicit Bids As part of the City's Fiscal Year 2008-2009 Capital Improvement Program, the City Council approved a program entitled, "Targeted Public Works Projects", which consists of public improvements to the City's local streets and public right-of-way areas. This project will improve American with Disabilities Act (ADA) compliance by retrofitting and adding eighty (80) curb ramps in accordance with ADA guidelines. Community Development Block Grant (CDBG) funds are restricted to certain project types and must be completed in CDBG Target Areas. This proposed project meets CDBG requirements. Recommendation: That the City Council: 1. Approve the plans and specifications for the Annual 2008-09 Slurry Seal Project. Authorize staff to advertise this project and solicit bids to complete the improvement project. L. Hellman Avenue/Ramona Boulevard at Walnut Grove Avenue Striping Modifications The Traffic Commission reviewed a request to make street striping modifications on Ramona Boulevard at Walnut Grove Avenue. Commissioners expressed concerns that existing street striping conditions at this location cause delays due t the lack of separate left and right turning lanes. After visiting this site, staff concurred with these findings and recommended that striping modifications be made to create a dedicated right-tum lane and a combined left-turn/through traffic lane. Recommendation: That the City Council approve the Traffic Commission's recommendation and authorize staff to take necessary steps to implement traffic safety enhancements at the intersection of Ramona Boulevard and Walnut Grove Avenue. M. Lease Purchase Agreement - 37 Foot Aerial Truck As part of the City's Vehicle Replacement Budget, staff included the purchase of a 37 foot aerial truck. The aerial truck will be used by the Public Works Services Business Unit for the maintenance of light fixtures, banner installation, minor tree trimming, and emergency responses. After researching truck vendors and types, the City learned that the City of Santa Fe Springs recently conducted a competitive bid for the aforementioned vehicle. Staff has obtained information related to the Santa Fe Springs bid and requests the City Council's approval to use this bid to purchase and aerial truck. Rosemead City Council Meeting Minutes ofFebruarv 10, 2009 Page 12 gf20 Recommendation: That the City Council authorize the lease-purchase of a 37 foot aerial truck from Alec Industrial, Inc. using the City of Santa Fe Springs competitive bid process conducted on September 25, 2008. N. County of Los Angeles Request for Re-designation of Local Enforcement Agency for Solid Waste Management Mayor Pro Tern Consent Calen In July 2006, the Los Angeles County Department of Health Services reorganized its functions and created the Department of Public Health (DPH). The DPH Solid Waste Management Program acts as the County agency responsible for enforcing all laws and regulations relating to the management of solid waste handling, transport, and disposal. The City was recently asked to formally designate the County of Los Angeles Department of Public Health as the Local Enforcement Agency (LEA) for all laws and regulations pertaining to solid waste management. Recommendation: That the City Council adopt Resolution No. 2009-06 approving the Los Angeles County Solid Waste Management Program (SWMP) as the Local Enforcement Agency responsible for enforcing all laws and regulations pertaining to the management of solid waste within the City. Nunez made a motion, seconded by Council Member Low, to approve the dar with the exception of Items A, D, F, and K. Vote resulted in: Yes: Clark, Low, Nunez, Tran No: None Abstain: None Absent: Taylor A. Minutes December 16, 2008 -Adjourned Meeting Mayor John Tran made a motion, seconded by Council Member Margaret Clark, to defer the minutes and bring them back to council with Velia Nevarro's comments in verbatim format. Vote resulted in: Yes: Clark, Low, Nunez, Tran No: None Abstain: None Absent: Taylor D. 2009-08 Supporting the Metropolitan Transportation Authority (MTA) Gold Line Eastside Transit Phase 2, Alternative 1 On January 22, 2009 the MTA Board of Directors approved their Planning and Programming Committee's recommendation to approve the Metro Eastside Transit Rosemead City Council Meeting Minutes of Februai y 10, 2009 Page 13 of'20 Corridor Phase 2 Alternatives Analysis Study. Additionally, the Board approved the recommendation for further study in the Draft Environmental Impact Statement/Environmental Impact Report, including Advanced Conceptual Engineering for four route alternatives. Alternative 1, proposes that the Metro Gold Line Eastside extension be built along State Route 60. Alternative 1 is the only line that would pass through Rosemead. As part of a coalition of four cites, which include Rosemead, El Monte, South El Monte and Montebello, each City has been asked to approve and adopt a resolution supporting the Gold Line Eastside Transit Phase 2, Alternative 1 as the most viable option for the region. Assemblyman Mike Eng's office has also requested that we formalize our support by adopting a resolution in support of Alternative 1. Recommendation: That the City Council adopt Resolution No. 2009-08, supporting the Metropolitan Transportation Authority (MTA) Gold Line Eastside Transit Phase 2, Alternative 1. Juan Nunez - asked if the city would be acquiring property from this phase. Mayor Pro Tem John Nunez made a motion, seconded by Council Member Polly Low, to approve Resolution No. 2009-08. Vote resulted in: Yes: Clark, Low, Nunez, Tran No: None Abstain: None Absent: Taylor CaIPERS Waiver of 960-Hour Rule for Don Anderson The City Council approved Resolution No. 2008-79 on December 16, 2008; however staff was recently informed by CalPERS staff that the appointment date needed to be amended. 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 Resolution No. 2009-05 requesting an employment extension per Government Code Section 21221(h). Juan Nunez - asked for clarification on this item. Rosemead City Council Meeting Minutes of February 10, 2009 Page 14 of 20 City Manager Chi reviewed the staff report for Mr. Nunez. Mayor Pro Tern John Nunez made a motion, seconded by Council Member Polly Low, to approve Resolution No. 2009.05. Vote resulted in: Yes: Low, Nunez, Tran No: None Abstain: Clark Absent: Taylor K. San Gabriel Boulevard South of Garvey Avenue - Turning Movement at Walgreen's Driveway The Traffic Commission reviewed a request to add red curbing and restrict left turn movements from the Walgreen's driveway along San Gabriel Boulevard. Commissioners expressed concerns that existing parking conditions and left turn movements out of this shopping center limit visibility and cause unsafe driving conditions, especially during peak travel times. After visiting this site, staff recommended that red curbing be added and left turns be restricted to help address these issues. Recommendation: That the City Council approve the Traffic Commission's recommendation and authorize staff to take necessary steps to implement traffic safety enhancements along San Gabriel Boulevard at the Walgreen's driveway. Alejandro Gandara - addressed council on the motion previously made regarding the December 16th council minutes. Mr. Gandara stated he was against verbatim minutes because he felt they were self serving. Council Member Clark stated for clarification that she had not asked for verbatim minutes for over a year. Juan Nunez - stated he had spoken on this item before and did not understand why staff had not fixed the problem yet. Council Member Polly Low made a motion, seconded by Mayor Pro Tern John Nunez, to approve the Traffic Commission's recommendation and authorize staff to take necessary steps to implement traffic safety enhancements along San Gabriel Boulevard at the Walgreen's driveway. Vote resulted in: Yes: Clark, Low, Nunez, Tran No: None Abstain: None Absent: Taylor Rosemead Citv Council Meeting Minutes orFehruarv 10, 2009 Page 15 of 20 4. MATTERS FROM CITY MANAGER & STAFF A. Creation of an Ad Hoc Youth Committee in an effort to better assess and meet the social and recreational needs of the youth of Rosemead, we are proposing the establishment of an Ad Hoc Youth Committee. Staff surveyed a number of local agencies to get a view of various approaches to such committees. While the names and make-up of the groups are fairly diverse, the advisory boards generally serve the same function. They primarily exist to help assess the needs of local youth and encourage peer participation in community activities and programs. To accomplish these, the seven-member Committee will work directly with the Parks and Recreation Department in the development of youth and teen programs and in the annual implementation of community-wide special events. Additionally, they would coordinate an annual Youth in Government Program to be conducted in conjunction with one City Council meeting each year to increase youth awareness and involvement in local government. Lastly, the Committee will assist Public Affairs with the development of web-based resources detailing programs and services available to Rosemead youth. The Committee will meet on an as- needed basis (though presumably monthly during the school year) to accomplish its goals. Recommendation: That the City Council adopt Resolution No. 2009-07 establishing an Ad Hoc Youth Committee. Director of Parks and Recreation David Montgomery-Scott reviewed the staff report regarding the Ad Hoc Youth Committee. Council Member Low stated this was a great idea and asked who had brought the issue to light; she also asked if the city had previously had a similar committee. City Manager Chi responded that this, if approved, would be the first time such committee would exist in the city. Council Member Polly Low made a motion, seconded by Council Member Margaret Clark, to adopt Resolution No. 2009-07. Vote resulted in: Yes: Clark, Low, Nunez, Tran No: None Abstain: None Absent: Taylor Rosemead City Council Meeting Minutes ofFehruaq 10, 2009 Page 16 o1*20 Award of Contract - Dinsmoor Heritage House Preservation Plan At its regular meeting on October 14, 2008, City Council approved the issuance of a Request for Proposals for a Preservation Plan for the Dinsmoor Heritage House. The completed Preservation Plan will include a Historic Structures Report (in accordance with federal standards for historic preservation). This will provide an inventory and assessment of the structure and its various systems (electrical, mechanical, plumbing) and recommendations for renovation. Requests for Proposals (RFP) were solicited, with responses received from three (3) 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. All three firms were invited to participate in interviews with the following results: Historic Resources Group was ranked the highest. They submitted the most comprehensive proposal that met the City's timelines and project requirements. They have completed similar preservation plans for a number of historic sites. References were checked and their performance was deemed better than satisfactory. Their proposal is also one of the most cost effective. Estimates for the Preservation Plan meet the City's budgeted amount of $30,000 for this service. However, it is prudent to include a contingency in the event additional services are requested (i.e., community surveys, additional stakeholder meetings, architectural drawings, etc.). Therefore, an additional allocation of $10,000 is recommended to cover fees in excess of the budgeted amount. Recommendation: That the City Council award the contract to Historic Resources Group and authorize the City Manager and City Clerk to execute the contract. Director of Parks and Recreation David Montgomery-Scott reviewed the above mentioned staff report. Mayor Pro Tern John Nunez stated he wanted to make sure the contract stayed closed to the $30,000 for services and did want to pay additional money for surveys or drawings brought forth by the contractor after the initial agreement was executed. Mr. Montgomery-Scott clarified that any additional funds would have to be approved in writing. Council Member Polly Low asked what funds were being utilized for this protect. City Manager Chi responded there was insurance money from the water damage the Dinsmoor House endured and also CIP funds that will be use to fund this project. Rosemead City Council Meeting= Minutes of February 10, 2009 Page 17 of 20 Mayor Pro Tern John Nunez made a motion, seconded by Council Member Margaret Clark, to award the contract to Historic Resources Group and authorize the City Manager and City Clerk to execute the contract. Vote resulted in: Yes: Clark, Nunez, Tran No: None Abstain: Low Absent: Taylor C. Authorization to Enter Into Negotiations with Kimley-Horn and Associates to Develop a Sewer System Management Plant In accordance with the State Water Resources Control Board's (SWRCB) Order No. 2006-0003-DWQ, public agencies are required to develop and implement a Sewer System Management Plan (SSMP). The mandate includes the requirement to properly manage, operate, and maintain all parts of the City's local sanitary sewer system, including the mitigation of any potential sewer overflows. Recommendation: That the City Council authorize staff to open negotiations with Kimley-Hom & Associates, Inc. to develop a contract for the City's Sewer System Management Plan (SSMP). Deputy Public Works Officer Chris Marcarello reviewed the above mentioned staff report. Mayor Pro Tern John Nunez made a motion, seconded by Council Member Margaret Clark, to approve staff's recommendation. Vote resulted in: Yes: Clark, Low, Nunez, Tran No: None Abstain: None Absent: Taylor D. Award Contract - Landscape Maintenance Services for City Parks, Facilities and Public Right-of-Way At its December 16, 2008 meeting, the City Council approved specifications to solicit landscape maintenance services from qualified contractors. The existing contract for these services with Mariposa Horticultural Enterprises expired in June 2007 and the City has continued to work with Mariposa on a month-to-month basis. The services in this contract include turf mowing, turf edging, blowing, turf aeration, weed eradication, pest control and general cleanup for City parks, facilities and the public right-of-way. The City Council further authorized staff to seek proposals from a list of fifteen (15) qualified landscape maintenance providers. Rosemead City Council Meeting Minutes of Febmarv 10, 2009 Page 18 ol'20 Request for Proposals (RFP) were solicited and on January 13, 2009, six (6) proposals were received. Staff reviewed the proposals for completeness, understanding of scope of work, methodology, experience, and proposed cost. Recommendation: That the City Council authorize the City Manager to enter into a contract with TruGreen Landcare for a fixed annual cost of $210,060 for the first three (3) years, with an annual option to renew for the following two (2) years. Mayor Pro Tern John Nunez made a motion, seconded by Council Member Polly Low, to approve staff's recommendation. Vote resulted in: Yes: Clark, Low, Nunez, Tran No: None Abstain: None Absent: Taylor E. Award of Contract- Ramona Boulevard Beautification Project As part of the City's Fiscal Year 2008-2009 Capital Improvement Program, the City Council approved a project to improve the Ramona Boulevard sound wall area from Walnut Grove Avenue to Rosemead Boulevard. This project includes a complete landscape makeover including a new irrigation system, ground cover, trees, shrubs, vines and minor concrete work. On January 28, 2009, bids were received and reviewed for the project. Recommendation: That the City Council: Authorize the City Manager and the City Clerk to enter into a contact with Mariposa Horticultural Enterprises, Inc. for the Ramona Boulevard Beautification Project in the amount of $51,625.65. Establish an amount of $10,325.05 to cover the cost of unforeseen construction expenses. Council Member Polly Low made a motion, seconded by Council Member Margaret Clark, to approve staffs recommendations. Vote resulted in: Yes: Clark, Low, Nunez, Tran No: None Abstain: None Absent: Taylor Rosemead City Council Meeting Minutes o f Febnimy 10, 2009 Page 19 of20 5. MATTERS FROM MAYOR & CITY COUNCIL Jim Flournoy - addressed council on the closed session item. City Council recessed to closed session at 10.52 p.m. 6. 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: Flournoy v. City of Rosemead City Council reconvened at 11:08 p.m. and Mayor Tran stated there was no reportable action taken by council; however announced that a settlement agreement had been made with the Flournoy v. City of Rosemead case. 7. ADJOURNMENT The meeting adjourned at 11:10 p.m. The next regular City Council meeting is scheduled to take place on February 24, 2009 at 7:00 p.m. Margaret Clark Mayor ATTEST: Gloria Molleda, City Clerk Rosemead City Council Meeting Minutes of February 10. 2009 Page 20 of 20