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CC - Item 7A - Minutes 09-08-09Minutes of the Joint CITY COUNCIL and COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING September 8, 2009 The regular meeting of the Rosemead City Council was called to order by Rosemead City Council Chamber located at 8838 East Valley Boulevard, FLAG SALUTE: Council Member Armenta INVOCATION: Council Member Low PRESENT: Chairwoman Clark, Vice-Chairman Taylor, Commissioner Ly. OFFICIALS PRESENT: City Manager Allred, Assistant City Manage Community Development Director Saeki, Director of Finance Brisco, Montgomery-Scott, Economic Development Ad;in\rator Ramirez, and City Clerk Molleda. 1. PUBLIC COMMENTS FROM THE AUDIENCE Holly Knapp-thanked City'Council,forsupporting Peo Knapp also commented sh6 has been'asked if the orga People's food, she clarified'thatthey did; however, they stated they were really hoping to fhd"a location imRose option. 2. COMMISSION CONS A. Minutes August.2 B. Claims i ular Meeting Resolution No. 2009.30 at 6:02 p.m. in the Arrme~nta, Commissioner Low, and Hawkesworth, City Attorney Montes, irector of Parks and Recreation putt/ P.ublic,Works Director Marcarello, for People and sponsoring them this year. Mrs it, ion has found a place to store People for y.need to a new place to store their food. She ad and mentioned the auto auction location as an Recommendation: Adopt Resolution No. 2009-30 for payment of Commission expenditures in the amount of $25,313.92 demand nos. 10054 through 10057 and demand nos. 11151 through 11154. Rosemead City Council Meeting ITEM NO. ~4A Minutes of September 8, 2009 Page 1 of 13 Commissioner Polly Low made a motion, seconded by Commissioner Steven Ly to approve the Community Development Commission Consent Calendar. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None The City CounciYCommission recessed to Closed Session at 6:08 p.m. 3. CLOSED SESSION A. Conference with Legal Counsel 1. Government Code 54956.9(c): Initiation of Litigation (1 matter) \ The City CouncillCommission reconvened from Closed Session at 7:01~\pm>The City Attorney 7announced there was no reportable action. Mayor Pro Tem Taylor stated he wanted the record to show that he did.not,participate in the closed session. He added they had a 19 page document and question`s were still unanswered-~ FLAG SALUTE: Council Member Armenta INVOCATION: Council Member ~i \ PRESENT: Mayor Clark, Malyyor Pro TernJaylor, Coun Council Member Ly. Armenta, Council Member Low, and OFFICIALS,P,RESENT: City,Manager Allred, Assistarit City Manager Hawkesworth, City Attorney Montes, Community"Development'Director Saeki, Director of Finance Brisco, Director of Parks and Recreation Montgomery-\SEconomic Development Administrator Ramirez, Deputy Public Works Director Marcarello, and City Clerk Molleda. y 4. PRESENT Grant funds from Target Stores to the City of Rosemead Public Safety Department Target Stores representative Tania Cusick - presented Council with a $2,000 donation for the Public Safety Department. The donation will be use for the purchase of equipment for the Police Department to help patrol the City of Rosemead. Rosemead City Council Meeting Minutes of September 8, 2009 Page 2 of 13 5. PUBLIC COMMENT FROM THE AUDIENCE Raquel Torres Morales - read a letter she wrote to the Council (the letter is filed in the City Clerk's office). Mrs. Torres-Morales stated she was the proud mother of Private Caesar Samuel Morales who is currently serving with the United Stated Army. She stated that she wanted to apologize to her son for not pursuing her original request to the City regarding beginning a banner program in honor of the military residence and added that this upcoming Christmas when her son gets to visit her she would like him to see his name on a city banner and know that the City of Rosemead has not forgotten their hometown heroes. Mrs. Torres- Morales presented to Council material obtained from City of Pico Rivera's Council Members Armenta and Archuleta regarding their "Operation Hometown Heroes" banner program.,She concluded by stating that her soldier was doing well and had moved up one rank and would be arriving" soon to Fort Knox for more combat training before deploying to Afghanistan in the upcoming year. Mayor Clark reassured Mrs. Torres-Morales that Council currently working on this matter. Council Member Low stated that because of families like Mt being in office, to remember the troops and their families du meetings. She added that she was hoping to, continue that City Manager Allred stated that in recent negotiations w on a banner program and added that this would be\art Council next month. Velia Navarro - stated she h d concern that she had located on Garvey and asked what the ro ress on that was aware of that slaughter house and that they kill live added there was a lot of bloodldropping there and that Rosemead the avian fl Ms. Navarro situation. City Attorney Monies st back to Council in open that about this,issue and staff was s she has made,ita point, since n portion of the Council troops are all back home. Chamber of Commerce the City was working agreement, which will be coming back to ought up before regarding the slaughter house utter was. She stated she didn't know if everyone iickens there and people can go buy them. She s-not a healthy situation for the children and the swine flu and the regular flu and asked if in addition had done studies on the avian flu. avian flu were a combination and added that she was very the Rosemead community and what was staff doing about the the City is in the process of implementing a few actions that will be coming for further discussion. Council Member Armenta stated that unfortunately it was a long process and Council and staff had been working closely with the owners to find a solution. She added that there were a lot of details discussed in closed session that they were not allowed to disclose at this time. Ms. Armenta assured Ms. Navarro once again that the City was working really hard to find a solution for this matter. nts; she is a d create a, p d that the H that. Rosemead City Council Meeting Minutes of September 8, 2009 Page 3 of 13 Mayor Clark announced that Item 8A was going to be moved up on the agenda for discussion. 8. MATTERS FROM MAYOR & CITY COUNCIL A. Coordination between Parks and Recreation Programs and School District Day Care Programs The Rosemead School District was recently notified of a loss of latchkey funding, which provides before and after-school and extended day care (7:00 a.m~to 6:00 p.m.) to 120 participants . As a result, the district and the City of Rosemead are exploring coordinated efforts to continue provision of such services at school, sites.and,parks facilities. Recommendation: This item is for this time. action is required at Rhonda Harmon - President of the Rosemead School,Distnct stated she was in support of.the-collaboration between the school district and the City of Rosemead to produce an afterschool childcare option for parents due to the State recent and very late decision to cancel funding for thelatchkey program. Ms Harmon stated that their superintendent, herself and other board members met with citystaff to see how they could work together to find childcare in their own school grounds and that would be similar to the program that was recently cancelled. She added that the programdhat 6d been developed so far Would cost $175 a month, which is about half the cost of what SAFE CARE cost That would provide childcare services for school days, which is comparable with the SAFE CARE program what was discussed-with the city was to have the city help with "holiday days" or all of-the days that school is,not'in session. She thanked Council and city staff for meeting with them and working together\to find a solution to this issue Amy - thanked Council fort ieir consideration and stated,she:and all the working parents appreciated any support given to them. She added that they were askingf r support during the vacation season, spring break, and holidays- Director,of,Parks and Recreation David,i\ntgomery-Scott reviewed the staff report. John Truong and David Chen,- stated that they understood the SAFE program was being cancelled due to the economic~environment and informed everyone that the Rosemead Youth Program provides child care services Monday though Friday; providing services in language arts, music, Chinese, Spanish, among other subjects. They added that the cost is only $25 a week and they are located at Temple Intermediate School. Mickey Garcia - stated he4as a concerned citizen and parent and an advocate of the SAFE CARE program. He stated that'he needed the SAFE CARE program since he had recently started working again and asked Council if they could help in anyway. He suggested that maybe there be a property tax increase or a gas tax increase to help take care of the youth of tomorrow. He concluded by stating that his daughter had a speech impediment and if it weren't for the staff of the SAFE CARE program and their additional help she wouldn't be able to annunciate or over annunciate her words to sound normal. He asked Council for their help and direction so that he as a parent could do to help the situation. Rosemead City Council Meeting Minutes of September 8, 2009 Page 4 of 13 Mayor Pro Tem Taylor stated the program ended in October and asked Mr. Garcia how long the program had gone on. Mr. Garcia responded for about 20 to 25 years. Mr. Taylor asked how many months during the year Mr. Garcia responded 280 days, which included Thanksgiving, Christmas, and a lot of the holidays. Council Member Sandra Armenta added that there was 180 school days during they ar. Council Member Steven Ly added that the program also included summer vacatlion.. Mayor Pro Tem Taylor if this was the program that cost $175 Mr. Garcia stated that was correct and that the Mr. Montgomery-Scott stated that the $175 program was the pri proposing. The SAFE CARE program was subsidized for some family per month. Mayor Pro Tern Taylor stated that so far no one had giV cost and that instead of throwing around the figure 8f,$1 hundreds of thousands of dollars the.program was actW added that if this was done.for Rosemead then Garvey assistance. Mr. Taylor stated that if the City gave money issue because the Drooram.would need to continue and Mr. Garcia responded that was the teas the City i Z Council Member Ly stated he wanted to different agencies. Second, the,$175 a paid by the City, it would be paid?by'the program that would cost the City money student. II cost. at the school district was currently but it could cost up to $288 per iim a.total figure of-what the program was going to a.montti they-should be talking about the going to,cosffor the 100 and plus students. He Id soon be asking Council for the same this program this year it would become a recurring uld not end next year. whole community should participate and not only dlarify,a couple points; first, the school district and the City are two month amount that was being proposed by the district would not be parents. He added that Mr. Montgomery-Scott was not working on a Mr. Montgomery-Scott responded that was correct. He added that in response to Mr. Taylor's question, Rosemead School District currently received State funding and excess of 600,000 for the ACE program and the Garvey School District received a similar amount. Mayor Pro Tern Taylor stated that was $1.2 million. Mr. Montgomery-Scott replied that was the amount the school districts received to run their afterschool programs. Rosemead City Council Meeting Minutes of September 8, 2009 Page 5 of 13 Mayor Pro Tem Taylor stated that he did not want to sound like he was not on the side of the children and that it was hard to make these types of decisions but that if the City took over where would they come up with $1.2 each year. Council Member Ly responded that he did not think staff was proposing for the City to takeover the program. And what the school district was asking was for assistance during the spring break periods, Christmas vacation, and summer vacation. City Manager Allred clarified that the district's request was on the front page of the staff report; they are requesting an expansion of the City's "Day-Camp" to 14 weeks out of the year and if the City decides to do so then the parents would be paying for that service. The second request is to support the ACES program through the City's existing Parks and Recreation programs and that willinot need additional funding. Mayor Pro Tem Gary Taylor asked for further clarification programs at the schools at no cost. Mr. Allred stated that the district was asking that the City re-e and maybe modify it to fill the gap from the lost of the ACES f those possibilities and that staff would bring another report to Mayor Pro Tem Taylor stated that when the the program. Mr. Montgomery-Scott stated that -h for any funding and what they-were summer school programwtiich the addition to run the all day programs :d to make'cle provides I the City provides that program fded that staff was looking at next City Council meeting. back he wanted-ifto include the total cost for School District was not asking the City to dd, was to work'with them and help them with the eady runs and~the City would not incur any additional cost. In y would do so accost to participants. Council Member Polly children of one school would have 'to pay and City-was trying to provide programs to all children and not just to that the $175 per student mentioned was the cost of what parents Tracy Loa - stated she was parent of a child who participated in SAFE CARE and added that the children from the program did not want tollose their teachers. She stated the proposed program was not something the parents were,happy with and;that they wanted to keep their SAFE CARE program. Ms. Loa stated that the ACES program had'80 kids.and the SAFE CARE program had only 40 kids; that some parents paid a reduced fee and others paid the full cost for the SAFE CARE program. She said she understood that money was being cut from the budget but that she had done some investigation and was asking for help to get some funding through grants. Council Member Steven Ly stated that the Garvey School District eliminated their SAFE CARE program a few years ago and now utilizes the Woodcraft Rangers programs; the Options program no longer has anymore money to provide assistance. Mr. Ly added that in terms of the cost, the State had cut $203,000 and if parents wanted to look for a grant that was the figure they needed to come up with. He also thanked staff and the school district for scrambling around to find a solution to what the State had left them with. Mr. Ly Rosemead City Council Meeting Minutes of September 8, 2009 Page 6 of 13 stated the solution was not going to solve every single aspect of the situation; however, they were trying to figure out how to do more with less. He stated that he certainly did not want to see any children on the streets and that public safety was also an issue. Council Member Sandra Armenta stated that the first step had already been taken because the City and the school district had already come together to try to find a solution. She added that as an educator she knew the importance of having children feel safe in their classrooms and that as a City Council Member she also knew about all the money that had been taken away from the City and that there needs to be some commor ground to find a solution. Ms. Armenta added that if parents did receive a grant to"help them keep their program it would not be up to Council to decide what to do with that grant bdi'df would be up to the district to decide what to do with that money. She added that was the reason why it-was important for everyone to work together and find a solution to this problem. ~ ( Kamronn Razo - stated that when they had their school districl / ml ir $360,000 to run the SAFE CARE program; $203,000 was com coming from the parents. Ms. Razo suggested that maybe they cutting out the trips and snacks from the SAFE program and the that this could be done for the first year until the parents can fin guidance to do so. She asked that the City pay forthe program elsewhere. Aide Michel - stated she was one of the parents p addressing Council to try and find a solution. She a school regarding the cancellation of-the program ar continue she would have to paymore for childcare. per child per month because she had'two, kids. Sarina Hrenq - stated she them about how-important! parent and,without this.proc sadden her to know that and Drovided snacks to' City Manager Jeff•Allred stated provide as much information as Council Member Steve find them some grants. meeting it was said"that'it.took about g from the State and the other funds were could cut down on some of,thafcost by parents' can,provide their owWShe stated !.some grants but that they need help and fora year until other funds are obtained ,sting in.the SAFE CARE program and was that she was one of the parents contacted by the ,t she was told that if she wanted the program to Michel stated that for her that would be about $800 very concern-with what was going and was addressing Council to inform ,CARE program aw to tier and her family. She stated that as a single being available she would not be able to keep a job. Ms. Hreng stated it gram wa\ eing,eliminated because the teachers actually cared for the kids hat,staff would have a report for Council on September 22nd and will try and he would like the City's grant specialist to work with the district and try and 6. CITY COUNCIL CONSENT CALENDAR A. Minutes June 9, 2009 - Regular Meeting August 11, 2009 - Special Meeting Rosemead City Council Meeting Minutes of September 8, 2009 Page 7 of 13 B. Claims and Demands Resolution No. 2009 - 49 Recommendation: Adopt Resolution No. 2009-49, for payment of City expenditures in the amount of $1,108,502.17 numbered 100504 through 100516 and 67276 through 67391. C. Annual 2008.2009 Slurry Seal Project- Notice of Completion On May 12, 2009 the City Council awarded a construction•cohtt South, Inc. for an amount of $140,063.50 with a contingency of additional and unforeseen work, and directed staff toproceed v project has now been completed to the satisfaction,of'the City's a total cost of $151,405.44, which is below authorizeddevels. Recommendation: That the City Council: 1. Accept the completed work. 2. Authorize the filing of.a Notice of Completion 3. Authorize the City Eng`ineerto release the Lal days after the Notice of Completion has been applicable portions of the Civil'Code - 4. Authorize the City Engineer\to release-the Fai after City Council acceotance.// to American Asphalt to $21,000.00 for potential the construction. The blicWorks Department at Material Bond thirty-five (35) d in accordance with Bond one (1) year v E. Follow-up Response Regarding Billing from the Former City Attorney At the la is Coc it meeti g'staff,presented a brief report stating that the final bill from Garcia, Calderon, Ruiz, LLP had been .receiVed and was for August 2008. Mayor Pro Tern Taylor 1~_had some`questionsaand requested follow-up regarding the accuracy of the bills and work that was provided. Staff has reviewed the invoice and the work done does appear to be within the parameters of the monthly retainer fee of $15,000. Recommendationt That the City Council receive and file this report. G. Renewal of Municipal Law Enforcement Agreement The City Council will consider renewal of the Municipal Law Enforcement Agreement with the County of Los Angeles Sheriffs Department for another five year period. The agreement provides for subsequent extensions for successive periods of up to five years each upon mutual consent of the parties. Recommendation: That the City Council authorize the Mayor to execute the Agreement to continue the City's relationship with the Los Angeles County Sheriffs Department for a period of five years. Rosemead City Council Meeting Minutes of September 8, 2009 Page 8 of 13 H. Approval of License Agreement with AYSO Region 40 for the Use of the Rosemead Park Snack Bar For a number of years, Region 40 of the American Youth Soccer Organization (AYSO) has used the Snack Bar at Rosemead Park during their soccer season as a means of fundraising and to serve park patrons. This year, they are once again requesting use of the Snack Bar from September 8 through December 1, 2009. Recommendation: That the City Council allow the operate the Snack Bar at Rosemead Park and that License Agreement. Council Member Steven Ly made a motion, seconded by Counci approved Consent Calendar with the exception of Items"D and F Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None ith Soccer Organization to authorized to execute the ber Sandra Armenta to resulted in:, D. Sister City Committees Pol The City of Rosemead has Taiwan and'Zapopan, Mex appointment of an Ezecutik citizens who will guide and the formation.of indeoende The relationships with Keelung, ant calls for City Council City committees and the ,e Board for'each sister city committee comprised of volunteer oversee the committee's activities. The policy also encourages nt-private non-profit organizations to raise funds and finance sister accord na ce with direction provided at the August 25th City sed pol ci y statement includes language to prohibit City er city travel and activities by individuals, including members of tv.Council. That the City Council approve the proposed policy for Sister City Council Member Polly Low stated she was still uncomfortable on how this policy was set up because there is an Executive Board set up,of five members, then there is a section about Community Members where it seems that anyone that is interested can sign up. In addition, there is another section that refers to Officers. Mrs. Low asked if this had been done before City Manager Allred stated that was requested originally was that there be a Commission set up for this; however, what staff was proposing was to set up a Committee instead. Mr. Allred stated that the Executive Board would be appointed by Council and that membership would be open to anyone who wanted to participate in the committee and this would be all volunteer and there would be no stipend for anyone. Rosemead City Council Meeting Minutes of September 8, 2009 Page 9 of 13 Council Member Low stated she understood the importance of the exchange of culture and education but she felt that there would still be some sort of cost that the City would have to bear and she didn't think the City should bear any cost for any type of participation in this committee. Council Member Ly asked the City Manager if he was confident that the City would be able to allocate staff for this without incurring any additional cost. Mr. Allred responded that staff that would be assigned to coordinate with these committees would be salary staff and that no additional money would be incurred for overtime. Mayor Pro Tem Taylor stated he saw this as more than an oversight committed than the City because in the past the Sister-City committees died due to participates leaving and others not joining. Mr. Taylor stated this % was a structured organization that was needed to keep the committees going. Council Member Steven Ly made a motion, seconded proposed policy for Sister City Committees. Vote res Pro Tern Gary the Yes: Armenta, Clark, Ly, Taylor No: None Abstain: Low Absent: None c Delegate Tort Liability Claims Insurance Authoritv to the California Joint Powers In March`ofthis year the'California JPIA`conducted a Risk Management Evaluation of the City's policies; procedures and facilities. One;item identified in the report is the determination that the City has\never formally,adopted a. Resolution delegating authority to the California JPIA to.handle Tort Liability Claim` This resolution is required by law and provides the California IA to legally act on the City's behalf. Recommendation: Thafthe City Council approve Resolution No. 2009-48 delegating the Tort Liability Claims handling responsibilities to the California JPIA. Mayor Pro Tem Gary,Taylor stated:he actually meant to pull Consent Item G and not F. He asked for clarification on what the staff report stated regarding the City never granted the authority to the JPIA to handle tort liabilities in the court. City Manager Allred stated that was correct and that this was a housekeeping measure to make sure the City has the proper resolution in place. He added that this was discovered by an audit done by the JPIA and was brought up to staffs attention. Council Member Steven Ly made a motion, seconded by Council Member Polly Low to approved Resolution No. b2009-48 delegating the Tort Liability Claims handling responsibilities to the California JPIA. Vote resulted in: Rosemead City Council Meeting Minutes of September 8, 2009 Page 10 of 13 Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None Mayor Pro Tern Gary Taylor made a motion, seconded by Council Member Steven Ly to reconsider Consent Calendar Item G. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None G. Renewal of Municipal Law Enforcement The City Council will consider County of Los Angeles Sheriffs Depart provides for subsequent extensions for mutual consent of the parties., 'Municipal'Law Enforcement Agreement with the for another five,year period. The agreement , periods of up to five years each upon essive\ Reconl mmendation: That to continue the City's relatio period of five years. Mayor Pro Tem Gary Taylor asked if anyone had a times in this information /Mr;Taylor read`the agree the attachment had not"been included in anyone's 1 read. City ManagerAllred -stated thi\tem,would be brow agreemerit/ \ l/ 7. MATTERS FROM CITY MANAGER &,STAFF authorize the Mayor to execute the Agreement sAngeles County Sheriffs Department for a t A in their packet because it was referred to 7 ich referred to "attachment A". Mr. Taylor stated id.he felt that was a document that needed to be with the attachment that was referred to on the A. City Transportation Programs Overview The Cityof Rosemead offers residents a public transportation program that includes curb-to- curb and fixed route shuttle services. September 1, 2009 marked the one-year service anniversary for Southland Transit managing the City's local transit services. In order to gauge the effectiveness of the transit system, staff conducted a review of rider statistics and a comparison to local communities with similar services. Further, staff visited the City's community centers to gauge resident perceptions of the services. Recommendation: That the City Council receive and file the one-year service review of the City's transportation program services. Rosemead City Council Meeting Minutes of September 8, 2009 Page 11 of 13 Lillian Sacco - stated she was very surprise to read on the agenda that curb to curb was the only method use by the City's transit. She stated that a few months back a constituent had addressed Council regarding the problem her wheelchair bound husband had when the shuttle never picked him up. Mrs. Sacco suggested that a procedure be set up to accommodate pedestrians that due to health problems cannot wait by the curb that the rider come to the door and announce that the ride is ready. She added that this special request could be added at the time of the initial request call. She stated that this stipulation be added to the contract because it was the right thing to do and ask that Council please consider this request. Deputy Director of Public Works Chris Marcarello reviewed the staff report and went:over a powerpoint presentation. Al, Mayor Pro Tem Gary Taylor referred to the staff report where it ten complaints; Mr. Taylor asked who kept records of the comp of the book. i Mr. Marcarello responded that staff kept records of the Mr. Marcarello continued with his presentation. received fewer than ,wanted to see copies and would provide a copy,as i Council Member Polly Low asked if it was possible to include in the agreement the possibility of giving the caller a call when the driver has arrived at their home. Mr. Marcarello responded that would be something.he could discuss wth them Council Member Sandra Armenta stated that when she,was younger she and her cousin took the Rosemead Express to Montebello Mall-and knew that was a greaf.service but added that her concern was the speeding. Ms. Armenta stated that-her.street is a,25, mph zone and the shuttles go much faster than that. Council Member Polly Low stated that'het son-took the Rosemead Explorer frequently and his comments were that they were not always on time.. Brian Lewin - stated he wanted to second on Council Member Armenta's comments. He stated that he was told some time ago that the shuttle speedon Ellis Lane and also, he has noticed that on Marshall going towards Rio Hondo there is a dip that for some reason make the drivers speed up. Mayor Pro Tem Gary,Taylor asked if the City had received any accident reports. Mr. Marcarello stated that City,tiad not received any accident reports; he had seen reports on unruly passengers but no accident feports. Mayor Pro Tern Gary Taylor stated he had personally seen the California rolling stop a few dozen times. Mr. Marcarello stated the issue Mrs. Sacco had brought up would be looked into and if the addition to the contract incurred addition cost then it would be brought back to Council. Rosemead City Council Meeting Minutes of September 8, 2009 Page 12 of 13 Council Member Steven Lystated he wanted to thank staff for taking care of some graffiti by Commissioner Jean Hall's home. Mr. Ly stated he notified the City Manager on Sunday and by Monday morning the graffiti had been removed. 9. ADJOURNMENT The meeting adjourned at 9:29 p.m. The next regular City Council meeting is scheduled to take place on September 22, 2009 at 7.90 p.m. ATT Glor City Rosemead City Council Meeting Minutes of September 8, 2009 Page 13 of 13