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CC- Item 7A - Minutes 12-08-09Minutes of the JOINT CITY COUNCIL ` AND COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING December 8, 2009 The regular meeting of the Rosemead City Council and Community Devek order by Mayor Clark at 6:01 p.m. in the Rosemead City Council Chamber Boulevard, Rosemead, California. . FLAG SALUTE: Council Member Armenta INVOCATION: Council Member Low PRESENT: MayorlChairwoman Clark, Mayor Pro Tem/Vice' Armenta, Council Member/Commissioner Low, and Council OFFICIALS PRESENT: City Manager Allred%sistant City Montes, Community Development Director Saeki Director o Recreation Montgomery-Scott, Economic Developme tzAdn Flores, Deputy Public Works Director Marcarello, nd City C 1. PUBLIC COMMENTS FROMTHE,AUDIENCE 2. COMMISSION CONSENT'CALENDAR.,,,,, A. Clarmsy`a`nd Demands 1 P.r, Resolution No:12009 381 at Council B ioner Ly. rion was called to East Valley Aanagei~Hawkesworth, Interim City Attorney Finance BriscDirector of Parks and nistrator Rami~ez(Public Affairs Manager Adopt Resolution No. 2009-38 for payment of Commission expenditures 1136.63 demand nos. 11195 through 11202. B. and Traffic Congestion Improvements As part of the City's Fiscal Year 2009-10 Capital Improvement Program, the City Council approved a project to improve Walnut Grove Avenue median, near the 1-10 freeway. The project includes complete landscape makeover, which includes a new irrigation system, river rocks installation, new landscape and the expansion of the left-turn pocket at Walnut Grove Avenue and Ramona Boulevard to help improve traffic circulation. Rosemead Community Development Commission and City Council Joint Meeting Minutes of December 8, 2009 Page 1 of 20 ITEM NO. A Recommendation: That the City Council/Community Development Commission: 1. Approve the plans and specifications. 2. Authorize staff to advertise this project and solicit bids to complete the improvement project. C. Award of Contract for Ramona North Beautification As part of the City's Fiscal Year 2009-10 Capital approved a project to improve the Ramona Bou Avenue to Hart Avenue, north side of the Interst complete landscape makeover, which include shrubs, vines and minor concrete work.: Recommendation: That the City 1. Approve the plans and specifications for therRamona 2. Authorize the City Ma ager to enter into a cor Enterprises, Inc for the Ramoa,Boulevard B au'ti • $45amo,594.68 and establish an amoiun t^of $11,400 'Ir IF , construction expenses. Commissioner/Council Member Sandra Armen Yes: Program, the City Council wall area from Rio Hondo The project includes a yslem, ground cover, trees, Project; with Mariposa Horticultural n Project in the amount of ier the cost of unforeseen Ly made a"motion, seconded by Comm issionerlCouncil nsent Calendar items A, B and C. Vote resulted in: City Attorney; Joseph Montes stated that Council would be going into closed session, Mr. Montes needed the input of an additional third item ofd;possible initiation of litigation discussion which would required the approval from council,to be added Mr. Montes explained that a motion and a four-fifths vote would be needed to add the third item to closed session for discussion. Commissioner/Council Member Steven Ly made a motion, seconded by Commissioner/Council Member Sandra Armenia to add a third item to closed session discussion. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None Rosemead Community Development Commission and City Council Joint Meeting Minutes of December 8, 2009 Page 2 of 20 Council recessed to closed session at 6:03 p.m. 3. CLOSED SESSION A. Conference with Legal Counsel 1) Government Code 54956.9(c): Initiation of Litigation (2 matters) 2) Government Code 54956.9(a): Conference with Legal Counsel - Existing Name of Case: Haro v. City of Rosemead Council reconvened back from closed session at 1:00 p.m. C reportable action to be announced and that council will re-en city council meeting. City Council) ; Meeting Agend The regular meeting of the Rosemead City Coouncil,was called to Rosemead City Council Chamber located at 8838 E stYalley Sc FLAG SALUTE: Council Member Armenta y Montes"stated that there was no session at the,conclusion of the Clark at 7:04 p.m. in the ead, California. INVOCATION: Council PRESENT: Mayor C Council Member Ly. Pro Tdm Taylor, Cou Armenta, Council Member Low, and istant City Manager Hawkesworth, City Attorney Montes, of Finance Brisco, Director of Parks and Recreation iistrator Ramirez, Deputy Public Works Director Marcarello, and Home for the Holidays to U.S. Army Private Caesar Samuel Morales Rosemead City welcome home I presented Private:Caesar Samuel Morales' mother and family with a for his service in the U.S. Army. 4. PUBLIC COMMENT FROM THE AUDIENCE Marissa Castro-Salvati - representative of Southern California Edison; provided some updates of the Edison Smart Connect, which will be deployed in the City between the months of December and February. The smart connect is a program that will provide automated meters to customers in the city. Edison will also be installing new lines in existing towers that are in the City of Rosemead. Rosemead Community Development Commission and City Council Joint Meeting Minutes of December 8, 2009 Page 3 of 20 Council Member Polly Low asked what the benefits of a smart meter were. Ms. Castro-Salvati explained that the benefits of having.a smart meter is that the technology will allow meter readers to access information feasibly and homeowners may monitor their usage online. Council Member Steven Ly expressed concern and hopes that Edison will work with the city to put to better use of vacant spaces and build parks for community to enjoy. Velia Navarro - inquired about the UFC gym and asked Council why they Council Member Polly Low replied that she first was going to vote no on,ifbE the type of fighting that is seen on TV. Mrs. Low added that during the meetim will only use the name (UFC) as a marketing gimmick; they will prow de ;lot of and she ultimately decided to vote yes. Mrs. Low explained thatiit washer unc Ultimate Fitness Center; however, the logo is also used for„l=Jltiinate Fighting C Ms. Navarro asked what the U stood for in UFC and Mayor Margaret Clark replied that it stood Council Member Steven Ly stated he voted yeftec and in terms on what they bring to the community; the deny them, it could have put the City in a position to c Council Member Sandra Armenta'stated she voted presentation. Adding that'it;s not going~to be a UFC t classes they will be offering; such as women's selfde the have a partnership with the sheriffs de' ,p Mayor th and that they did. she did not agree with explained that the gym sing classes for women all inp,the initials stood for d violence. on this item. after consultinj'm thjhe City Attorney and staff 3vegone through all;the rules and permits and to id, nd,maybe encounter a lawsuit. l; and asked=Ms. Navarro if she viewed the camp; the presentation showed the types of Ns. Armenta added that they are planning to may have been cancelled and asked staff to clarify. Communik- Development Diiector Brian S6e6explained that the program Mr. Taylor was referring to was a relationship'between the Concord Police Department and UFC. Mr. Saeki added that the Temple Sheriff's Department and UF,C had not established a partnership other than approving their safety plan before moving forward with the project. Mayor Pro Tem Gary Taylorcl d that he voted no on the UFC gym because it was brutality at its most. Mr. Taylor expressed concern because he felt that the Council and Planning Commission were not given the true facts; it was an excellent presentation of mothers coming with their children and doing gym things; ultimate fighting championship is brutality. Ms. Navarro asked if the UFC project was published in the newspaper. Community Development Director Brian Saeki stated that the project was noticed and published in the newspaper and the acronym UFC was used as well. Rosemead Community Development Commission and, City Council Joint Meeting Minutes of December 8, 2009 Page 4 of 20 Ms. Navarro asked if the UFC gym would be similar to a Bally's gym. Council Member Sandra Armenta replied yes because they are making sure that it's not a fighting gym. It went to the Planning Commission and the commission set guidelines as to what they are allowed to do; copies of the Planning Commission minutes are available and they state what the UFC organization are allowed to do and clearly state that they are not going to do any fighting. Ms. Armenta reiterated that she would be very appalled if there was fighting in that gym; it is her understanding that they will be using the UFC logo for promotional purposes; they are not going to have any fighting. ,n, Ms. Navarro felt that the UFC organization was deceiving the City and the Mayor Margaret Clark stated that she asked them to put Ultimate their name. Council Member Steven Ly asked staff to provide a the Tribune to Ms. Navarro. Juan Nunez - expressed concern with the payments being unemployment insurance benefits. izt- City Manager Allred explained that the City contests insurance benefits and the city was notified by Emp contested the application, benefits were granted by EDD for the cost. v.C Council Member Steven"iLy stated thafthe City ch the bill.` City Attorney insurance cos that the Mr. Nunezalso,sooke about a0issue he with Consolidated Disposal. Mr. Nunez explained that the trash companykcharged him unjustly; he spoke with Deputy Public Works Director Marcarello. Mayor Pro Tem Gary Taylor explained that after two months of not paying your bill the delinquency kicks in effect and you have to payrfothe two months if you did not pay on time. In other words it's a three month billing, so they sent a bill during the middle of the cycle. They are allowing you to pay for the two last months and one month ahead of time. They don't send you the bill three months ahead of time; they sent it to you in the middle of the cycle. But if you wait to the fourth month you missed the period payment. Deputy Public Work Director Marcarello stated that he did meet with Mr. Nunez and his late fee was waived after talking to Richard Fierro from Consolidated Disposal. Rosemead Community Development Commission and City Council Joint Meeting Minutes of December 8, 2009 Page 5 of 20 notice of the project Rosemead. they would not change in Nunez for papplied for unemployment 'tment and although the city The City has to reimburse the application and EDD said the City had to pay ;bhtinues to'challenge this issue and there is an unemployment does of allow benefit to be paid to former public officials. Mr. of that section and the City was awaiting for their response. Mr. Nunez stated that he just wanted to let the Council know what Consolidated Disposal was doing because he did not know if other people are going through the same problem. Mayor Pro Tem Gary Taylor asked staff to obtain in writing all the accounts that are being penalized, because after 60 days if a bill is not paid it becomes delinquent. Mr. Nunez also inquired about the adjusted rate increase from the Sanitation. Mayor Margaret Clark replied that's because of the landfill, the city does 5. PUBLIC HEARING A. Citizens' Option for Public Safety (COPS) Assembly Bill 1913 (Schiff-Cardenas Crirr This bill provides State funding for various funding for front line law enforcement. Th enforcement officer to present, at a public grant revenue for the fiscal year. , Recommendation: That the C 2009-10 Fiscal Year Budget by be spent on motorcycle officer I Chief of Police Tim Mayor Margaret Clarkrope public hearing was closed Council by $10 events. staff at T38 ing Act) was signed4in lent programs ind ram..requires each ;omrnendation for overthat 10 lo;law in 2000. Ai gyCOPS agency's chief law uses of the COPS e Resolution..No. 2009-69 amending the Grant estimated revenues by $100,000 to rotection at community special events. being no one to speak on this item the i"a motion, seconded by Council Member Polly Low to approve g the 2009.10 Fiscal Year Budget by increasing COPS Grant to be spent on motorcycle officer patrol and police protection at Low, Ly, Taylor 6. CITY COUNCIL CONSENT CALENDAR A. Minutes October 13, 2009 - Regular Meeting October 20, 2009 - Special Meeting Rosemead Community Development Commission and City Council Joint Meeting Minutes of December 8, 2009 Page 6 of 20 D. Ordinance 885- Second Reading: Amending Chapter 13.08 of the Rosemead Municipal Code to Establish Water Efficiency Landscape Regulations On November 17, 2009, the City Council introduced Ordinance No. 885 for first reading, amending Chapter 13.08 of the Rosemead Municipal Code to establish Water Efficiency Landscape Regulations. Ordinance No. 855 is now before Council at the required second reading for adoption. Recommendation: That the City Council adopt Ordinance No;885:on second reading. Approval of Resolution No.2009.64-Authorizing the,City'Managerto Execute Program Supplements with the State of California for Federal,Aid Projects - Citywide Project No. ESPL- 5358 (010) "k \X As part of the City's Fiscal Year 2009-10 Capital approved a project entitled "Citywide Curb RamE approximately 800 curb ramps in accordance 'wil guidelines (ADA). The project work plan also inc infrastructure improvements. The project will be under the American Recoverv, and -Reinvestmen Recommendation: That the City Manager to execute Pro Master Agreen Project. Resotutio Nc Dedication foi Proposed for In accordance located at 234( The irrevocable necessarv and the State Consenting rtions of LA Improvement Progra*ttie,City Council Improvements", which includes•retroftti i the Americans with Disabilities Act idesther miscellaneous concrete entirely funded by the City's allocation rove Resolutibn~No. 2009-64 authorizing the is and•the_AAnistering Agency-Federal for the,City`wide Curb Ramp Improvements of the Irrevocable Offer of urity Assessor's Parcel No. 5284.024.022 and Amenities de Section No. 15.04.040, the owner(s) of the property have submitted an executed irrevocable offer of dedication. of dedication has been determined by the City Engineer to be oriate to permit the installation of a street tree in accordance with city Recommendation: That the City Council approve Resolution No. 2009-65, authorizing the 11 11 City Engineer to execute and record the irrevocable offer of dedication for L.A. County Assessor Parcel No. 5288-024-022. Rosemead Community Development Commission and City Council Joint Meeting Minutes of December 8, 2009 Page 7 of 20 K. Request for Green Curb at 8728 East Valley Boulevard The Traffic Commission has reviewed a request to add green curbing (20 minute temporary parking) at 8728 East Valley Boulevard. The property owner indicates that parking spaces in front of the property are frequently occupied with vehicles for one hour or longer. He is requesting the installation of green curb in front of his store to enable short-term parking. The Traffic Commission recommends that green curbing be installed to accommodate two (2) vehicles at this location. AS, Recommendation: That the City Council approve the Traffic Commission recommendation and authorize the installation of approximately 30 feet of greewcurbing at 8728 East Valley Boulevard. R 'NN 0. Award of Contract for Rush St. k As part of the City's Fiscal Year.2009;10 Capital Improvement Program tfielCity Council approved a project to implement traffic calming iimprov ements along Rush Street and Angelus Avenue, adjacent to Rice Elementar`y~SSo~hool. The proposed protect includes the addition of red curbing, speed feedback signs, a school drop-off/ pick-up zone, traffic signs, curb ramp improvements, sidewalk,repairs and in-p vement crosswalk warning lights. Recommendation: That the 1. Approve plans and s 2. Authori,' instaljat Avenue ,r cost of MayorPro'Tem yc page,2-st6ted "about getting "sidewaljl'n ',.boor. Mayor Margaret Clark also corrections that councihrecei Avenue Traffic the City`Manager to enter into a contract with Freeway Electric, Inc. for the Hof traffic.calming devices around the intersection of Rush Street and Angelus the amount of•$87,087.00 and establish an amount of $17,400.00 to cover the k„%,e potential and; !additional~unforeseen construction expense. J forcgrrection on the minutes of October 20, 2009. Mr. Taylor stated that gum clew ed up off the floor in front of the Gym". It should have stated the minutes of October 13, 2009 would be approved with gramatical Council Member Steven)Ly made a motion, second by Council Member Sandra Armenta to approve Consent Calendar Items A, D, F,I, K and 0. Vote resulted in: Yes: Armenta, Clark, Low„Ly, Taylor No: None Abstain: None Absent: None Rosemead Community Development Commission and City Council Joint Meeting Minutes of December 8, 2009 Page 8 of 20 B. Claims and Demands Resolution No.2009-68 Recommendation: Adopt Resolution No. 2009-68, for payment of City expenditures in the amount of $752,354.00 numbered 100615 through 100641 and 68058 through 68162. Mayor Margaret Clark explained that she pulled item B, because she did not relating to former Council Member John Nunez. Mayor Pro Tem Gary Taylor asked for an explanation of the City Manager Allred explained that the payment to EDD is sent unemployment insurance benefits and the city has to reimburs( Mayor Pro Tem Gary Taylor asked for a copy of the item as well. Council Member Polly Low stated she agreed with both Mayor Clal if Council was going to vote on the entire set of`;claims and demands Mayor Margaret Clark clarified that Council payment item. Council Member Polly process. City Manager Allred stated made. s, Assistant City Manager Hi with th`e:State of California Mayor Margaiet?Clark asked if Assistant City Mam Attorney; those get did not approve the gre~e with the EDD payments ✓'-7 S, ees who fled for that he wouldruote~no on this Mayor Pro Tern Taylor; she asked on that individual item. set of demands excluding the EDD is to EDD how it would affect the vote because the payments have already been at it would be a protest vote because under the contract to pay the State. items in the claims and demands have been paid. 5rth stated that the majority have been paid, except any checks to the City ncil's approval. . Mayor Pro Tern Gary Taylor asked City Attorney Montes to clarify on a reference code that he mention. City Attorney Montes stated that there is a State code section that indicates that the termination of employment excludes elected officials. However, there is a mechanism for addressing this issue; the City will go through EDD's appeal process. " Rosemead Community Development Commission and City Council Joint Meeting Minutes of December 8, 2009 Page 9 of 20 Mayor Margaret Clark made a motion, seconded by Council Member Polly Low to approved the claims and demands Resolution No. 2009 - 68 with the EXCEPTON of the EDD payments. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None C. Ordinance 882- Second Reading: Adding Chapter 17.9 Conversion" to the Rosemead Municipal Code Pertainh and Cessation of Use of Mobilehome Parks Xi- On October 27, 2009, the City Council introducedf Conversion) for first reading to provide mobilehom beyond that established in state law. At that meeti ordinance clarifying how to calculate replad meent I a section to limit rent increases during the comers ordinance was presented to the City Council f`o` se additional modification was made to the calculatior assistance payments, requiri g the'City Council to that night. Recommendation: That the City Cot Elena Popp - attorney representing Park MonterE with four requests to be Included in ttieordinance that making sure they had~easohable amount of not allow them to adjust for higher.ren tts onA request was to freeze rents for one year. Th day notices:that certain;rules,will start tope If they:do not have in place v. another me.,, ~`Ana Torres - ezpressed that seen the results they,were ex campaigning for the March , 882 on second reading. stated that her clients came not included. First request was rent differentials, elo them relocate. The number of months does aiket; it vas suggested that it be 42 months. The second stfiction on minor violations, landlords tend to not send 30 ,ed; they just force them, and people find themselves in the displaced value, which was their number one demand. impossible for folks to get enough money together to buy as disappointed because the residents of the mobilehome park have not g. She recalls that it-was a different picture when council members were election. On behalf of Maria Flores, Ms. Elena Popp translated from Spanish to English. Maria Flores - stated that she has been investigating and getting informed as well as joining a statewide organization called CoMocal.org for owners of mobilehomes. There are very little differences existing in localities or local jurisdictions where the local government has the courage to defend its residents. She stated she also learned that there has been a lot of intimidation by park owners and in one particular park a resident told Ms. Flores that their manager told them that the new law was not going to affect them; it only effects Park Monterey because the homes are old and falling apart and that's why they are being evicted. Rosemead Community Development Commission and City Council Joint Meeting Minutes of December 8, 2009 Page 10 of 20 the the City Council rt sing assistance p~ crocess. On Now d'readinq. At that Park Closure, ome Park protections d the Is;and adding 17, 2009, the nq, one for the replacement housing ce the ordinance for first reading Ms. Po - shared some samples of other cities that have passed ordinances, for instance the City of Sunnyvale requires a housing allowance, up to $12,650. In addition, compensation for what mobilehomes that cannot be relocated has an 85 percent in place value. The City of Seal Beach has an onsite fair market value. The City of Huntington Beach at no time the:value of the mobile home is less than the replacement cost of a new home of similar sizes and square footage. American Canyon requires the applicant for purchasing the mobile home of a displace homeowner to be at it's in place market value. David Evans - regional representative with the Western Manufacture Housing Community Association stated that you can find crazy things in many ordinances from cities and counties that have:not been challenged or brought to court. Mr. Evans explained that the standard rent deferential is 12 months and it is not standard to freeze rents. CoMocal.org is the most radical pro-rent control for mobilehome+park residents. They coach their residents on how to turn ordinances from something reasonable!into windfall ordinances. Mr. Evans -r reiterated that we cannot compensate them for their inconveniences but,and ordinance can compensate them for a reasonable relocation cost. Mayor Margaret Clark inquired about a resident that Mr. Evans stated he did speak to Mr. Gilbert Ramirez and had hear from the company that manages Park Monterey. Ms. Popp stated that she had a sample $30,000. to be helped by Mr. call because he was waiting to and it was in-place at Mayor Pro Tem Gary Taylor asked,what the appraisal would be wit ut the in-place value. l'p Ms. Popp stated that they-got the city s,appraisal, which reflected a non in-place value and it was much less. She added that even $301000'in-place will not get the resident)a comparable housing. 1. .1 -11 Mayor Pro Tem,Gary7,Taylor reiterated ttiatih-thepast,he stated that this issue was a no win situation. Council could`only°go so far, with the mobilehome owners to try to give them a fair settlement and still have to protect th4ifghts of the pro perty,owners?Itstates in the ordinance that the mobilehome owners have the optionftc;ggt.three appraisals 6h their mobilehomes whenever a project is started or what ever time frame it may be. If'the mobilehome is movable to another site they get an appraisal on that also, so the relocation is paid. The trailers can be purchased(if they cannot be relocated and that's a variable market value for the mobilehome. They also have benefit of paying a subsidy rent; the mobile park owner has to pay the difference for twelvemonths. The"Iesidents are allowed to get fair appraisals of their mobilehomes and that's the starting base; then the,negation starts with the property owners and they have to come to an agreement. Mr. Taylor reiterated that fie could not support the changes of 42 months of rent subsidy, when its 12 months throughout the State. M6Popp referenced 4 to 5 cities and there are approximately 485 cities throughout the State and those four cities only make one percent. Council Member Steven Ly stated that this has been an agonizing issue and difficult to be just. This is an issue that affects everyone; staff along with the City Attorney and Council has come up with the language for both sides. Also, it has been incredible and merciful in providing assistance and making sure that both sides are working in good faith in accomplishing in what is a very difficult situation. Council has the obligation to be fair as well as legal. Rosemead Community Development Commission and City Council Joint Meeting Minutes of December 8, 2009 Page 11 of 20 Mayor Margaret Clark stated that staff had brought the ordinance back many times and attempted to correct the potential abuses that are out there and ensure that there is fair compensations for people to relocate. Mrs. Clark reiterated that this ordinance goes way beyond what other cities have done. Council Member Sandra Armenta expressed that she understood the frustration of the residents at the mobilehome park. Ms. Armenta stated it sadden her that someone like Ms. Ana Torres felt that she could not come to the Council. Ms. Armenta also added that residents should have a comparable value on their mobilehomes; it's unfortunate that the owners do not respect the tenants. Council Member Polly Low agreed with all Council and stated that she residents and understood that their home was important. Residents havf Council on what is going on. Council Member Steven Ly made a motion, seconded by Ordinance No. 882 on its second reading. Vote resulted;i passionate about the ood job is informing the Gary Taylor to approved Yes: Armenta, Clark, Low, Ly, No: None Abstain: None Absent: None V4 l E. Resolution Amending the Repdrt tN On December,2.7~2005, the City Cc policy for trave'l'arfd attendance at c reauirements of AB1234~ Since the AB1234. of thb Travel Policy dopted'R6,s6l6tion No. 2005-47 implementing a ices to ensure compliance with the reporting it adoption of that Resolution, it has been conferences attended are not required under pan amended policy have been prepared which cents for elected and appointed officials who report with the City Clerk. Thatthe-City Council approve Resolution No. 2009-66 amending the Use of Public Resources Policy. Mayor Margaret'Clark asked Cif Attorney Montes to clarify the travel reporting policy. City Attorney Montes stated-ttfat the issue that was highlighted in the modification, with respect to conferences that are attend d and what the reporting requirements are; the question raised was whether or not a report or an agenda is to be filed with the city clerk and if that is sufficient; the answer to those two questions is yes. Council Member Steven Ly commended Mayor Clark for always advocating on behalf of the City in conferences. Rosemead Community Development Commission and City Council Joint Meeting Minutes of December 8, 2009 Page 12 of 20 Council Member Sandra Armenta also commended Mayor Clark for always delegating and leading the Council to obtain as much information to benefit the City. Mayor Pro Tem Gary Taylor asked the City Attorney to provide Council with a copy of the original adoption reporting policy. It was his understanding that they had to have a brief summary presented at the next council meeting. City Attorney Montes explained that according to AB1234, specifically says that there has to be a report with respect to meetings attended at public expense. Meetings are defined as the samemeetings as the Brown Act. Mayor Pro Tom Taylor replied that he did not recall reading that part Abe~i2g~-~~Aesame as the Brown Act. City Attorney Monies stated that A61234 says that in respectt~meetmgs attended at=publ expense, on another part of AB 1234 the definition and meaning that is given is the same definition as fora Brown Act meeting. N"I'l- Mayor Pro Tem Taylor reiterated that he was not disputing thd'reporting, he just wanted more clarification on a brief explanation of what the meeting was and the attendance. AB1234 has to be taken every two years, he mentioned that he usually states where it was&ld•and date. City Attorney Montes explained that the reporting`req are defined as Brown Act meetings. There is an ambi that they attend are not Brown Act•meetings. There is ,4,Y y-%F-,, meetings need to be reported=at°all Sowhat the new on these as though theypwe[e meetings; publicly fund going to be a written report, the city clerk, a copy.. of is no need to report back in a'sPecificmeeting„since Council ng Armenta, uirein'ent says you have `to report meetings. Meetings guity~in AB12,34 because technically all the conferences an~interpretation,"of AB1234 that none of those policy is loin9, his saying no, we are still going to report V% ediand attended events; the form of that reporting is the agenda or copy of the conference materials. There the event itself is technically not required to be reported. n, Low, Ly, Taylor Rosemead Community Development Commission and City Council Joint Meeting Minutes of December 8, 2009 Page 13 of 20 by Council Member Sandra Armenta to approve and Use of Public Resources Policy. Vote G. Resolution No. 2009.54, Consenting to the Recordation of the Irrevocable Offer of Dedication for Those Portions of LA County Assessors Parcel No. 5289.007-069 Proposed for Use for Public Sidewalks and Amenities In accordance with Municipal Code Section No. 15.04.040, the owner(s) of the property located at 3357 Bartlett Avenue have submitted an executed irrevocable offer of dedication. The irrevocable offer of dedication has been determined by the City Engineer to be necessary and appropriate to permit the installation of a street tree in accordance with city standards. Recommendation: That the City Council approve Resolutidn No. 2009-54, authorizing the Y, V , % City Engineer to execute and record the irrevocable offer of dedication for L.A. County Assessor Parcel No. 5289-007-069. Juan Nufiez - expressed concern about taking property because it is lowering the standard&of the property the property owner wants to build they would not be able:6ecause they Rdonot have the square footage. Mayor Margaret Clark stated that the only time this happens is Wtf6wWow property. City Engineer LeBlanc explained that the City t9rs,'`~,policy tt hat states th t 6,000 feet it creates a non-conforming condition; the city ddes_not allow for H. Resolution Dedication r thos6RP,ortions of LA-,County Assessor Use fo_Public Sidewalk`s and Amenities In be necess standards. has already expanded their ication reduces below the cation in that case. of the Irrevocable Offer of Parcel No. 5287-038-035 h'No. 15.04.040, the owner(s) of the property submitted an executed irrevocable offer of offer of dedication has been determined by the City Engineer to te to permit the installation of a street tree in accordance with city That the City Council approve Resolution No. 2009-62, authorizing the !cute and record the irrevocable offer of dedication for L.A. County . 5287-038-035. Council Member Resolution No. 2 made a motion, seconded by Mayor Margaret Clark to approved Resolution No. 2009.62. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None Rosemead Community Development Commission and City Council Joint Meeting Minutes of December 8, 2009 Page 14 of 20 J. Approval of Specifications and Authorization to Solicit Proposals for City Tree Maintenance Services The City currently uses outside contractual services to perform regular street tree and park tree maintenance. Services performed by the contractor include regular tree maintenance and management of trees locatedwithin the City parkways, medians, parks and City-owned facilities. As urban forestry is an important City asset, these services are critical to ensure that City trees remain healthy, aesthetically pleasing, and safe for both the motoring and pedestrian public. Currently, the City contracts with Great Scott=Tree Services on a month- to-month basis for these services.,'lf approved, this proposali~would enable the City to enter into a fixed cost maintenance contract with a qualified company Jor a period of five (5) years / Y with an option to extend the contract for two (2) additional years:. Recommendation: That the City Council services and authorize staff to solicit prop firms. A Mayor Pro Tem Gary Taylor asked staff to include the with the current tree service provider. w Senior Management Analyst Farid Hentabli stated3ha was entered in August 8, 2006 for one year. The'contr basis since. Mayor Pro Tem Gary Taylor•stated ~ e t it surprised't one year. The new oneyould be for five''years and an from list of maintenance and the current contract mtract with.Great Scott Tree Services 2007 andshas been on a month to month because it was an unusual short contract for only ditional two years. Deputy Public Works Directdr,Marcarello replied that the rafibnale on extending the time was to minimize the number of times the.cily,had to goout to bid`and haye"continuity of a service provider that can be MayonPi6Tem Taylor stated~6at as longhasattiis was going to be the policy for all contracts. Mr. Taylor stated it thatit'was reasonable tti~a,ell contracts be proportionally five years with an option to extended for two additional year or they can stay at three years`plus two years like in the past. Deputy Public WSsloirector Marcarello stated that it would be up to the discretion of the City Council. Council Member Polly Low" for clarification. on what the difference would be between the durations of the contracts and asked wamhat the general policy for contracts was. Deputy Public Works Director Marcarello explained that it depended on the services provided, such as the street sweeping and tree trimming, they have equipment that needs to amortize on a longer period of time and that is why we see a five year contract instead.of three. Rosemead Community Development Commission and City Council Joint Meeting Minutes of December 8, 2009 Page 15 of 20 City Manager Allred stated that it usually involves heavy equipment such as the street sweepers and tree trimmers. Usually there are longer contract periods where it allows the contractor to amortize the cost which will keep the rates lower. Mayor Pro Tom Taylor stated contracts that are three years will give Council the responsibility to review the contract more frequently. City Attorney Montes asked if the City had a tree trimming schedule. Deputy Public Works Director Marcarello replied that the city has a 3 year Mayor Pro Tom Taylor stated that he would feel more comfortable years rather than five years. 1, 'A Council Member Ly asked if Great Scott would be additional one year contract extensions. Deputy Public Works Director Marcarello replied they probably landscaping and tree trimming companies. . . Mayor Pro Tern Taylor asked that the year extensions. Mayor Pro Tern Gary Taylor made.a specifications for tree maintenance', contract to a three year4contract wit Yes Armenta, Clark; e; No--Non Abstami~None Absent one r z,, X L Request for Traffic Ir to activate a three year a contract in three with two the intent is too send out to several to a three veah~contract with two additional one motion, secdrided,by Council<Member Polly Low to approve the services and authorize staff:to solicit proposals and amend the l two additional*e year extensions. Vote resulted in: at Rosemead Place and Earlswood Drive m has reviewed traffic conditions at the intersection of Earlswood Drive and recommends the installation of improvements. Residents of the ;ed concerns that vehicles drive too fast around the turn at the i causing unsafe conditibns'and requested improvements to improve traffic and safety Recommendation: That the City Council approve the Traffic Commission recommendation and authorize implementation of traffic safety enhancements at Rosemead Place and Earlswood Drive. Rosemead Community Development Commission and City Council Joint Meeting Minutes of December 8, 2009 Page 16 of 20 Council Member Ly asked that the recommendation be approved with the amendment of removing the rumble dots because he felt that they would not add to traffic calming. Council Member Steven Ly made a motion, second by Mayor Margaret Clark to approve and amend Traffic Commission recommendation and remove the rumble dots. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None M. Request for Traffic Improvements at KlingermanlStreet and Angelus Avenue The Traffic Commission has reviewed traffic conditions at Klingerman\Street and Angelus Avenue and recommends the installation ofjhiprovements. Residents inlhts neighborhoo r: `64x n. expressed concerns that vehicles drive.toc fast aroundtthe turn at this intersection causing I/ vmp 4A, N, ".7 unsafe conditions for nearby residents and school attendees at Rice Elementary School. Traffic calming improvements are recommended'to bee added to address safety concerns. Recommendation: That the i and authorize implementation Angelus Avenue. approve the;Traffc Commission recommendation etv enhancemenlsat.Klingerman Street and Deputy Public Works Director Marcarello stated he with the rumble strips and insfead's'ugggsted a regi Council Member Ly askedjf the registedspeed signs Highway Patrol. \\r k' Deputy n to Veli&Navarro and she expressed concern sign on streets. used before were from the Sheriffs or Chief of Police will try to secure one from the Temple Sheriff's Station. City Mana"\gNllred reiterated Councils motion to approve the recommendation with the removal of the rumble strips andlmvestigate the~*acquisition of a mobile:register speed sign. Council Member Steven Ly made a motion, second by Council Member Polly Low to approve the recommendation witfi'theyremoval of the rumble strips and investigate the acquisition of a mobile register speed sign. Voiesresulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None Rosemead Community Development Commission and City Council Joint Meeting Minutes of December 8, 2009 Page 17 of 20 Award of Contract for Garvey Ave. Resurfacing Project As part of the City's Fiscal Year 2009-2010 Capital Improvement Program, the City Council approved a program entitled, "Garvey Avenue Resurfacing," which consists of asphalt concrete overlay, sidewalk repairs, traffic striping, signage installation, curb ramps construction, median and parkway landscape improvements, and the installation of a new city monument sign. The limits-of this project are from New Avenue to Del Mar Avenue. Funds through the Federal Surface Transportation Local Program were allocated for this project. /A' The City Engineer's estimate for this project was $675,000'and the lowest responsive bid received is $476,000. Due to the current competitive"biddiiig.conditions for such projects, the total appropriation requested to award this project is $595;000, which includes a 25% contingency amount ($119,000.00) for unforeseen construction expenses. The contingency is necessary due to the size of this resurfacing project and the possibility for unforeseen change orders that often arise during const ction. ' t Recommendation: That the City Council 1. Approve the plans and specifications for the Garvey Avenue Resurfacing Project; 2. Authorize the City Managerj,to"enterinto a contract with All-American Asphalt for the Garvey Avenue Resurfacing pr jecO th&amount of $476'000.00 and establish an amount of $119,000.00 to coverrtthecost of unforeseen construction expenses. Mayor Pro Tem Gary Taylor ih d?about the 25 percent contingency e for $119,000; which puts that contract over the secondland third bidders. V 4 Deputy Public Works Director Marcarello`replied that inoRing at the project and competitiveness of the bids received we might have, the opportunity to take:advantage of the favorable bidding climate and expand out, get more banks-for' rubuck with our,-~oject; we will make Council aware of any additions along Garvey City Ma an ger,All`ed added that we might be able to do some adjacent streets and repair some bad streets; as for the contingency, the city received a low bid and has budgeted for the project. Deputy Public Works`Director Marcarello clarified that the project is using federal dollars through the surface transportation program and±this is not gas tax money; these funds will be utilized on major arterials such as Garvey Avenue. Y Mayor Pro Tem Taylor asked what the original transfer of funds was. Deputy Public Works Director Marcarello replied that it was $815,000. Mayor Pro Tern Taylor stated that the City will have money left over to repair street projects. Rosemead Community Development Commission and - City Council Joint Meeting Minutes of December 8, 2009 Page 18 of 20 Deputy Public Works Director Marcarello clarified that there will not be any monument sign. Council Member Sandra Armenta made a motion, seconded by Council Member Steven Ly to approve staff recommendation. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None 7. MATTERS FROM CITY MANAGER & STAFF- None 8. MATTERS FROM MAYOR & CITY COUNCIL A. City of Rosemead Strategic Plan for 2010, nd 201 The City Council will consider approval of a Sfrategi6Pla several months the Council%h}as commissioned a3c ize sessions leading towards development of the plan's,R vision statement identified as Visiona2020 as well as K ,.,ate. and Action Plans. The Strategic Plahi Nllvrovide gu commissions, committees and operating deparitments,ovi of Ro: City Manager Allred e; strategic plan for-the,C Mayor Pro'T ry City Manage&rAIlred clarified the Brian Lewin - thanked Council fo-r 2010 and 2011. Over the past survey and conducted four study document includes a long-term 'Organizational Goals, Strategies once and direction for the City's ,the next two-year period. the City Council adopt Resolution No. 2009-67 approving the City an for 2010 and 2011. ong,with Councit,has had four study sessions in developing a iut a chart in the plan relating to the parks canopies. 'w ~amaster plan and the city's strategic plan are two different plans. staff for having study session with the rest of the commissions. Council Member Stev'en°Ly made a motion, seconded by Council Member Polly Low to approve Resolution No. 2009-67 "Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor. No: None Abstain: None Absent: None Council Member Ly commended City Manager Allred for pursuing the Strategic Plan for the City. Rosemead Community Development Commission and City Council Joint Meeting Minutes of December 8, 2009 Page 19 of 20 Council MemberArmenta thanked City Manager Allred, the Commissions, staff and residents for being involved with developing a Strategic Plan. . 9. MAYOR & CITY COUNCIL COMMENTS Mayor Pro Tem Taylor asked staff to look into the'storm drain systems and catch basins, you might recall that on San Gabriel Boulevard a storm drain filled with sand and it cost the City thousands of dollars because they were not monitored. Council Member Ly commented on the strategic plan and doing a 50hcommmorative book; second, asked staff to look into better ways to use Measure R funds and improved ourRosemeaad~Explored Shuttle system. Mr. Ly also mentioned that it has been very difficult for Council annd~staff to work on the Cal Poultry situation. Council Member Armenta thanked Parks and Recr lighting ceremony. Council recessed back to closed session at 8:56 p:m. ar_id actions. 10. ADJOURNMENT The Meeting adjourned at 10:16 p.m. The nextjc meeting is scheduled to take pace,oa January 1 A ~mmUllity Dev ntMeefing emhe~~l Margaret Clark Mayor Montgomery-Scott VZ ,,wonderful tree 10:16 p.m.; no reportable Commission and City Council p.m., respectively.