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CC - 10-27-09Minutes of the JOINT CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING October 27, 2009 The regular meeting of the Rosemead City Council was called to order by Mayor Clark at 6:06 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. FLAG SALUTE: Mayor/Chairwoman Clark INVOCATION: Mayor Pro TemNice-Chair Taylor PRESENT: Mayor/Chairwoman Clark, Mayor Pro TemNice-Chairman Taylor, Council Member/Commissioner Armenta, Council Member/Commissioner Low, and Council Member/Commissioner Ly. OFFICIALS PRESENT: City Manager Allred, Assistant City Manager Hawkesworth, City Attorney Montes, Community Development Director Saeki, Director of Finance Brisco, Director of Parks and Recreation Montgomery-Scott, Economic Development Administrator Ramirez, Public Affairs Manager Flores, Deputy Public Works Director Marcarello, and City Clerk Molleda. 1. PUBLIC COMMENTS FROM THE AUDIENCE - None 2. COMMISSION CONSENT CALENDAR A. Claims and Demands Resolution No. 2009 - 34 Recommendation: Adopt Resolution No. 2009-34 for payment of Commission expenditures in the amount of $120,133.23 demand nos. 10061 through 100064 and demand nos. 11178 through 11184. Commissioner Steven Ly made a motion, seconded by Commissioner Polly Low to approve the Commission Consent Calendar. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None The City Council/Commission recessed to Closed Session at 6:08 p.m. Rosemead City Council Meeting Minutes of October 27, 2009 Page 1 of 28 3-1. CLOSED SESSION A. Conference with Legal Counsel --Existing Litigation Government Code 54956.9 (a): 1) Randy Haro et. al v. City of Rosemead The City Council/Commission reconvened out of Closed Session at 7:00 p.m. City Attorney Joseph Montes stated there was no reportable action taken in closed session. The regular meeting of the Rosemead City Council was called to order by Mayor Clark at 7:01 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. FLAG SALUTE: Mayor Clark INVOCATION: Mayor Pro Tern Taylor PRESENT: Mayor Clark, Mayor Pro Tern Taylor,. Council Member Armenta, Council Member Low, and Council Member Ly. OFFICIALS PRESENT: City Manager Allred, Assistant City Manager Hawkesworth, City Attorney Montes, Community Development Director Saeki, Director of Finance Brisco, Director of Parks and Recreation Montgomery-Scott, Economic Development Administrator Ramirez, Deputy Public Works Director Marcarello, and City Clerk Molleda. 3-2. PRESENTATIONS Census 2010 - Proclamation Mayor Margaret Clark introduced representative of the Census Bureau Lydia Lee and mentioned that the Census was very important because the amount of people that were going to be counted needed to be accurate; the City gets an amount of funding based on the city's population. L dy is Lee - thanked City Council for the proclamation and added that the information that would be gathered was very important because it was going to impact the next 10 years. Ms. Lee added that this would be a group effort to ensure an accurate count, which should involve the City, the Census, and the Rosemead community. City's Certificate of Achievement for Excellence in Financial Reporting Finance Director Steve Brisco presented the City Council with a plaque of Achievement for Excellence in Financial Reporting. The Government Finance Office Association of North America/Canada is a professional organization serving approximately 17,500 finance professionals; they have a program that consists of professionals submitting their annual financial reports, it is a program that our peers across the Country judge based on what is submitted and if the city qualifies for the award then the City receives it. Rosemead City Council Meeting Minutes of October 27, 2009 Page 2 of 28 They go through a long list of stringent criteria to give the award and they also give comments on whether or not the award should be given. Mr. Brisco announced it was a great honor to receive the award and presented it to City Council. Mayor Margaret Clarkthanked Mr. Brisco and the City's financial team. Council Member Polly Low asked if this was the second year the City received this award. Mr. Brisco responded that the City had received it the previous year as well. Mayor Pro Tern Gary Taylor.commented that with the previous finance accountant the City received the award 16 years in a row. Mr. Taylor added that this was something the City could apply for every year and hoped that the City continue to do so. 4. PUBLIC COMMENT FROM THE AUDIENCE Juan Nunez - addressed Council and asked if the City had a noise ordinance because he had gone to the Temple City Sheriff's office and they had informed him that the City did not have one. City Manager Jeff Allred responded that the City did have a noise ordinance in place. Mr. Nunez continued by stating that a few months back he had a confrontation with his next door neighbor regarding noise. He added his neighbor became angry and cursed at him and tried to attack him with a piece of pipe. Mr. Nunez gave Council a copy of the police report. 5. PUBLIC HEARING A. Public Hearing on the Consolidated Annual Performance and Evaluation Report for FY 2008-09 The City of Rosemead's Community Development Department has completed its Consolidated Annual Performance Report (CAPER) for the July 1, 2008 through June 30, 2009 fiscal year. The CAPER describes the overall use of Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) funds received from the Department of Housing and Urban Development (HUD) in relationship to the needs of the community as outlined in its 2005-2009 Consolidated Plan and FY 2008-09 Annual Action Plan. Recommendation: That the City Council conduct a public hearing and take public testimony on the City's FY 2008-09 Consolidated Annual Performance Report. No further City Council action is necessary. Economic Development Manager Michelle Ramirez reviewed the staff report. Mayor Margaret Clark opened the Public Hearing at 7:19 p.m.; there being no one to speak on this item the public hearing was closed at 7:19 p.m. Rosemead City Council Meeting Minutes of October 27, 2009 Page 3 of 28 Council Member Polly Low stated that she noticed the amount of $218,000 that was carried out to 2009- 2010 and asked if there was a time constraint on when the City needed to utilize that money. Mrs. Ramirez responded that the money had already been budgeted for programs that are going on this year and the money would be spent this fiscal year. No action was taken on this item. Velia Navarro - asked if the City had offered at any park or recreation center the flu shot to their residents like other cities had. Parks and Recreation Director David Montgomery-Scott responded that annually the City did offer flu shots and the details were still being worked out. He added that as soon as those details were worked out the City would publicize the information to the residents. Mayor Margaret Clark asked if it was for the H1 N1. Mr. Montgomery-Scott stated it that it may or may not be the case but currently they were looking at standard flu shots; the group that the City had previously worked with to provide the flu shots is no longer doing it so staff is looking at other alternatives. Ms. Navarro added that it would be great to offer both shots so that the City keeps its residents as safe as possible. 6. CITY COUNCIL CONSENT CALENDAR A. Minutes June 9, 2009 - Special Meeting B. Claims and Demands Resolution No. 2009 - 58 Recommendation: Adopt Resolution No. 2009-58, for payment of City expenditures in the amount of $1,191,337.02 numbered 100552 through 100571 and 67641 through 67767. C. Ramona Boulevard Beautification Project- Notice of Completion As part of the City's Fiscal Year 2008-09 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 included a complete landscape makeover, including a new irrigation system, ground cover, trees, shrubs, vines and minor concrete work. Rosemead City Council Meeting Minutes ofOctober27, 2009 Page 4 of 28 Of February 10, 2009 the City Council awarded a construction contract to Mariposa Horticultural Enterprises, Inc. for an amount of $51,625.65 with a contingency of up to $10,325.05 for potential additional and unforeseen work, and directed staff to proceed with the construction. The project has now been completed to the satisfaction of the City's Public Works Department. Recommendation: That the City Council: Accept the completed work. Authorize the City Engineer to release the Labor and Material Bond thirty-five (35) days after the Notice of Completion has been recorded. Authorize the City Engineer to release the Faithful Performance Bond one (1) year after City Council acceptance. Lead Based Paint and Asbestos Testing and Risk Assessment Services - Authorization to Solicit Bids The U.S. Department of Housing and Urban Development (HUD) regulations require that lead based paint and asbestos testing, assessment, and clearances be completed on all Owner-Occupied Rehabilitation Programs and Down Payment Assistance Loan Programs funded through either the Community Development Block Grant (CDBG) Program or HOME Investment Partnerships (HOME) Program. Over the past three (3) years, the City has contracted with Barr & Clark for this service. As part of the procurement requirements under the Community Development Block Grant (CDBG) program, an organization may only receive funding for up to three years for the same program or activity before a new Request for Proposal must be completed. The city's contract with Barr & Clark will expire on June 30, 2010. Recommendation: That the City Council authorize staff to advertise for this service and solicit bids for a qualified firm to conduct lead based paint and asbestos testing, assessment, and clearance testing in accordance with federal requirements for FY 2010-2011 with an option to extend the contract for two (2) additional years. Council Member Polly Low made a motion, seconded by Council Member Steven Ly, to approve the Consent Calendar, with the exception of Consent Calendar Items D, E, G, and H. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None Rosemead City Council Meeting Minutes of October 27, 2009 Page 5 of 28 D. Resolution No. 2009-52, Authorizing the Recordation of the Irrevocable Offer of Dedication for those Portions of L.A. County Assessors Parcel No. 5284-027-017 Proposed for Use for County Public Sidewalks In accordance with the City of Rosemead Municipal Code Section No. 15.04.040, the owner(s) of the property located at 2702 Denton Avenue, Rosemead, California 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 adopt Resolution No. 2009-52, authorizing the City Engineer to execute and record the irrevocable offer of dedication for L.A. County Assessor Parcel No. 5284-027-017. Mayor Pro Tem Gary Taylor asked if residents had to pay a fee to the City when they have to donate land to the City; for the recordation of that dedication. City Engineer Lou LeBlanc responded that on this particular case there was no fee involved. However, recently the Council had adopted a fee schedule and as part of that fee schedule it was included a fee for preparation of a legal description; if the owner elects to have the city perform that work they pay the cost plus 10% for staff time. There is also another part of that fee schedule that includes plan checking; if the city does the legal description then there is no fee for the plan checking. Mr. Taylor stated he had heard that there were several hundred dollars charged to the property owners for a dedication of property to the city. Mr. LeBlanc responded that recently the City had collected a deposit of $600 and the understanding was that the City keeps track of their time; that was an estimate of what that might cost. Mr. Taylor so what you are saying is that if a property owner is required to dedicate land they have to pay the fee because the city is getting the land. Mr. LeBlanc responded that the city was not getting money for getting the land. This particular one was due to a building permit; normally they would have their engineer prepare their legal description and then submit it to the City and we would give them a document that would actually make the offer of dedication. In that case the only fee that would be charged would be for checking the legal description that was submitted. We are giving them an alternative which is if you want the city staff to do the legal description we can do that and it is probably less expensive. Mr. Taylor asked if the property description was on the tax rolls. Mr. LeBlanc responded that it was not sufficient for a legal document like this; that is a legal description of the entire parcel it is not a legal description of what they are dedicating. Mr. Taylor asked if the owner had to pay $600 for that. Rosemead City Council Meeting Minutes of October 27, 2009 Page 6 of 28 Mr. LeBlanc stated they had to pay the cost plus 10%; he added that most of the legal descriptions he had done up to now he had done for nothing because it was something new and they were already on the works and it didn't seem appropriate to charge them. Anything new since the adoption of the fee schedule we are adding this fee to it. Mr. Taylor stated that over the past years he has had residents complain over the fact that they have to pay fees to dedicate the land to the city. Mr. LeBlanc stated that it could be that the previous engineer (Wildan) was charging for the services but that's speculation. Juan Nunez - stated that when you dedicate property for these problems it lessens the square footage in your property. Council Member Steven Ly made a motion, seconded by Mayor Pro Tern Gary Taylor, to approve Resolution No. 2009-52, authorizing the City Engineer to execute and record the irrevocable offer of dedication for L.A. County Assessor Parcel No. 5284-027-017. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None E. Garvey Avenue Resurfacing Project - Authorization to Solicit Bids 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 have been allocated for this project. Recommendation: That the City Council authorize staff to advertise and solicit bids to complete the improvement project. Mayor Margaret Clarkstated she had a question on the staff report where it addressed a monument replacement and asked why we were doing this when they were not done with the overall strategic plan and asked what the cost of the monument would be. Deputy Public Works Director Chris Marcarello responded that staff intended to include it as part of the resurfacing project and the estimate was $22,000. Mr. Marcarello stated that this was just authorization to solicit bids and when staff had the cost they would bring it back to Council for approval. Rosemead City Council Meeting Minutes ofOctober27, 2009 Page 7 of 28 Mrs. Clark stated she did not understand why we were changing the city's monuments when we haven't finished our branding process and stated she did not think it was a good time to do that. She asked that the monument replacement portion be deleted from the solicitation bid process. Council Member Polly Low asked if the intent of putting in the monument portion at the same time was because it was easier. Mr. Marcarello stated that the intent was to take advantage of specific project funds; there are surface transportation project funds available through the federal government and those are funds that can only be utilized in certain areas. Mayor Margaret Clark made a motion, seconded by Mayor Pro Tern Gary Taylor, to authorize staff to advertise and solicit bids to complete the improvement project AND delete the monument replacement portion of the project. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None G. Senior Nutrition Program - Authorization to Solicit Bids Over the past three (3) years, the City has contracted with Morrison Management Specialists, Inc. (MMS) to provide meals for the Senior Nutrition Program. The Senior Nutrition Program's mission is to provide high quality, cost efficient, nutritious meals to seniors and to promote the role of nutrition in preventative health and long term care. As part of the procurement requirements under the Community Development Block Grant (CDBG) program, an organization may only receive funding for up to three years for the same program or activity before a new Request for Proposal must be completed. The city's current contract for this service will expire on June 30, 2010. Recommendation: That the City Council authorize staff to advertise for this service and solicit bids for a qualified firm to administer the City's Senior Nutrition Program for FY 2010- 2011 with an option to extend the contract for two (2) additional years. No Action was taken on Item 6G, the item was deferred to the next City Council meeting. H. Traffic Calming Improvements at Rush Street and Angelus Avenue As part of the City's Fiscal 2009-10 Capital Improvement Program, the City Council approved a project to make traffic calming improvements along Rush Street and Angelus Avenue, adjacent to Rice Elementary School. The proposed project includes the addition of red curbing, speed feedback signs, a drop-off/pick-up zone, traffic signs, curb ramp improvements, sidewalk repairs, and in-pavement crosswalk warning lights. Rosemead City Council Meeting Minutes of October 27, 2009 Page 8 of 28 Recommendation: That the City Council authorize staff to advertise and solicit bids to complete the improvement project. Mayor Pro Tem Gary Taylor asked if this would finish the project; there have been three studies done since it was originally approved and asked if this would complete the project. Mr. Marcarello stated # yes and that Mr. Saeki had conversations with Wal-Mart and they were satisfied; this will complete the project. Mr. Taylor asked if they had $120,000 dedicated to this. Mr. Saeki responded that he was not certain on the exact amount but it was around $100 thousand. Mr. Taylor stated he just wanted to make sure because there has been three studies made on that after the original and each of those studies have reaffirmed the first study. Mayor Pro Tem Gary Taylor made a motion, seconded by Council Member Polly Low, to authorize staff to advertise and solicit bids to complete the improvement project. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None 7. MATTERS FROM CITY MANAGER & STAFF A. Proposed Mobilehome Park Conversion Ordinance Over the last few years, the City has been approached by mobilehome park owners in Rosemead with plans to redevelop their sites into other uses. While the current economy has slowed this interest, it is anticipated that as the economic times get better, these inquiries will resurface. Without a conversion/relocation ordinance in place, the City must utilize the regulations set by the State of California. In an effort to gain local control over this issue, a mobilehome park conversion/relocation ordinance has been drafted for the City Council's consideration. A copy of this ordinance is attached to this report. The proposed ordinance not only complies with State regulations, but gives the City Council authority to provide for additional protection and compensation to tenants being relocated. These conditions include conducting a public hearing prior to the eviction of a tenant, fair market value compensation for the units and relocation, and a 12-month rent subsidy. Recommendation: That the City Council introduce Ordinance No. 882 for first reading approving a mobilehome park relocation ordinance and find that the ordinance is exempt from the California Environmental Quality Act (CEQA) per Section 15061(b)(3). Rosemead City Council Meeting Minutes ofOctober27, 2009 Page 9 of 28 Economic Development Manager Michelle Ramirez reviewed the staff report. City Attorney Joseph Montes stated he had two notes on the ordinance for correction; the first one is on page 9 of the ordinance under Section 17.98.110, it is suppose to say "in the event...." and it says "in the even". With regard to Section 17.98.160, which is notice to mobilehome park owners that is a direction to City staff to send a copy of the ordinance to the park owners once it is adopted, that can certainly stay where it is right now but it will be codified in the city's code and that direction should probably just go on Section 4 of the ordinance because that section does not really need to be in the municipal code. City Manager Jeff Allred stated that the ordinance speaks to the proposed components of this ordinance and the City Attorney had provided ff bullet points to the Council. Mr. Allred stated he would like to call their attention to the fact that the ordinance would require the payment of rental subsidies for a period of 12 months for those that are displaced, which is beyond the requirements of State law. Mayor Pro Tem Gary Taylor stated that his understanding was that it is only the difference between what they were paying and the new rent. Mr. Allred stated it that was correct. Mr. Montes added that specifically what the ordinance says is that the Council may condition that in the contents of the hearing if the Council feels that it is a reasonable cost for relocation. It is not mandated initially but every conversion report will go to the Council for a hearing, unless the Council delegates the hearing to another body like the Planning Commission, but at that point in time if the review body does wish to add that as a condition they are allowed to add that as a condition assuming it is not already on the report. Mr. Taylor asked who pays that supplemental rent payment. Mr. Montes replied that would be an obligation of the owner of the park. Francisco Mata - thanked the City for making this ordinance available to residents and also expressed concern regarding the ambiguities of the ordinance. He stated that the ordinance did not specify how much money they will receive or how they would be relocated. Mr. Mata also addressed the difference of the rent that they would get compensated for if relocated, he stated that some of them were already paying high rents because the new owner of the park had taken advantage of them and raised the rents, and thought that wasn't fair for some of the residents. He clarified that his concern was that there would not be much of the difference of rent from what they are paying now and the new rent; he added that the residents would receive very little or nothing at all. Leah Simon-Weisberg - stated that what Mr. Mata was trying to address was what had happened is that the owners have had this idea to close the park for more than four years and they have been raising the rents beyond what the market is. This has led them to put residents in positions where they have to move because they cannot pay the rent and facing evictions; there are seniors at fixed incomes who have received rent increases at 40% over the past few years. She added that one of the concerns was the rent increase because the city did not have a rent control ordinance; if they increase a rent so much the relocation won't really cover their real relocation cost. Ms. Simon-Weisberg suggested that the Council include a freeze in rents once the property owner has requested a permit. She added that she was currently working on an Rosemead City Council Meeting Minutes of October 27, 2009 Page 10 of 28 ordinance for the City of Santa Monica and one of the big issues was the value of the coaches and Rosemead's ordinance specifically states that it should not include the in-place value and that is incredibly concerning because mobilehomes do not have any value outside of a mobilehome park. City Attorney Montes stated that the specific section that Ms. Simon-Weisberg was referring to was on page 6 and added that this was certainly an area of the subject of debate in all of these ordinances. In the perspective of the coach owner, they would argue that when they purchased their mobilehome, assuming they bought it in-place, they would say that they purchased that coach in-place and from the perspective of the property owner they would argue that if you compensate the mobilehome coach owner for the in-place value essentially the mobilehome park owner ends up purchasing their own park. Mr. Montes added that he has seen ordinances that go both way and ordinances that split the baby on percentage bases, either 50/50 or some other range. Ms. Simon-Weisberg stated that they would obviously ask Council to do something more in the line of 50/50 and asked that Council take it into consideration. She added that the other side of the argument is that there is a reason why mobilehomes across the State have special ordinances because they are not cars. We have this idea in our society that once you drive a car off the lot it loses value and mobilehomes are not supposed to be that way; they are supposed to be people's homes. Mayor Pro Tem Taylor asked what happens to the annual vehicle registration for these homes. Ms. Simon-Weisberg responded that she believed that now mobilehomes are registered as mobilehomes; she added that some communities register the coaches as vehicles and others as mobilehomes. Mr. Taylor stated it was his understanding that they were registered as any other car or truck and they pay an annual registration fee. Ms. Simon-Weisberg stated they do pay a fee but it is not as a vehicle but rather a special mobilehome. Francisco Mata - clarified that he pays taxes like any other house to the County of Los Angeles. Mr. Taylor asked if there was a vehicle registration fee applied by the State. Ms. Simon-Weisberg stated she believed there was a registration fee but it was based on each different city. Mr. Taylor stated if this was important and that he understood every vehicle was required to be registered by the State of California and a mobilehome is a separate classification of a type of vehicle and most vehicles tend to depreciate every year. Ms. Simon-Weisberg stated they were not vehicles. Mr. Taylor stated he was talking about the legal standpoint of the owner of a vehicle gets the benefit of depreciation over the years. He added this did apply to mobilehomes because now they are trying to establish a value of what something is. Mr. Mata stated he did not pay fees to the Department of Motor Vehicles but rather to the housing. Rosemead City Council Meeting Minutes ofOctober27, 2009 Page 11 of 28 Ms. Simon-Weisberg stated that mobilehome owners pay tax as real property and trailers and RVs need to be registered as vehicles. Council Member Polly Low stated that other than the technicality of whether the mobilehome is a vehicle or not a vehicle; these are mobilehomes that people treat as their home. These are people's living spaces and they are very important to the people. Council Member Sandra Armenta asked if any of these are considered manufactured homes. Ms. Simon-Weisberg stated they are considered manufacture homes. Council Member Steven Ly asked what the differences were for manufactured homes. City Attorney Monies stated there are limitations from the city's perspective on what kind of building codes and design codes can be applied to a manufactured home. In a manufactured home you cannot demand certain design elements because it does not apply to a manufactured home. Craig Denton - stated he was the owner of the Del Rey Mobilehome Park. He stated he was not closing his park but however he believed in free enterprise and they should not be forced to in essence to buy back their own park. He added that he did not think it was fair for mobilehome park owners to be forced to buy residents mobilehomes at top value and on top of that pay relocation cost. He stated tt that it was not fair for mobilehome park owners to pay thousands of dollars for mobilehomes that are maybe 30-50 years old that in some cases have not been kept up and are in need of repairs; those trailers are a depreciation asset. David Evans - regional representative with the Western Manufacturing Housing Community Association and works for mobilehome park owners. Mr. Evans stated that overall they supported the ordinance and thought there were things in there for people to like and not to like on both sides. He stated he had a couple of questions; first request was regarding page 2 the first line where it states "equitable housing or better", and asked that the word "better" be stricken. He stated that if you say "or better" there are no limits to that; if you take it to this extreme you can move them to a two bedroom apartment in Beverly Hills; there's just no limit on it. Also, on page 9 Section 14 it talks about park owners having to reimburse the City for all staff time that is spent on the application; he added that he was very aware that these were difficult times for cities and counties but this is a very opened ended thing. Mr. Evans asked if the City does this with any other business groups where everything is charged to them and nothing is city business. City Manager Allred stated that the City had an ordinance; when there is an individualized service, the person who is requesting that individualized service pays the full cost. Mr. Evans stated that on page 5 Section E there was some language that made them nervous; where it states, "such value should be determined after consideration of relevant factors including the..." City Attorney Montes told Mr. Evans that he was looking at an old version of the ordinance and not the one that was before Council Council Member Sandra Armenta asked Mr. Evans regarding his reference to the particular City he had spoken about regarding the mobilehome serving its purpose. Rosemead City Council Meeting Minutes ofOctober27, 2009 Page 12 of 26 Mr. Evans stated that they are still there now. Ms. Armenta asked if the mobilehome was still serving its purpose Mr. Evans replied that for the people living there yes but that it was an eyesore for the city and everyone agrees that it is. Ms. Armenta stated that she understood that but by people still living there it meant it was still serving its purpose. Mr. Evans responded that with mobilehome parks they are not there forever and are never meant to be there forever. Originally they are only there temporary and eventually they are going to be converted to something else and at some point they are not serving their purpose anymore. Mayor Margaret Clark asked Mr. Evans in regards to the issue of when the owner applies to relocate and having a freeze on the rents would he be okay with that. Mr. Evans stated he would not support that; he stated that rather than freezing the rents he would approach the owners and say that if they want to close then give the residents a lease that treats everyone the same while in the process of closing. Frank Armendariz - stated that the people who are trying to relocate them should be charged for more; he stated he grew up in South Central L.A. where it is a really horrible environment and even if the mobilehomes are rundown you can't blame them for wanting to stay in Rosemead because this is an environment they love. He also stated that he had noticed that two homes had already been removed in the front and asked if any construction was going to commence soon. Director of Community Development Brian Saeki stated that the project is still in plan check, where it is being reviewed by Building for building safety things and they still owe a substantial fee to complete that portion of the project so it is in limbo right now; construction will not commence any time soon. Mayor Pro Tem Gary Taylor asked if work was being done right now Mr. Saeki replied no and that the city was waiting on the remainder of the fee to be paid Mr. Taylor asked if that property owner received a $10,000 refund back. Mr. Saeki replied not that he was aware of. Gilbert Ramirez - thanked Council for approving this ordinance on the agenda and stated that they had a big concern because they needed some protection for the future. Some of the families that live in the park have children that go to the university and that is like affordable housing. He stated that some of the owners were nice but that they did not have the same luck and some of the people in the park were facing big problems. For example in his case the gentlemen who bought the park, bought it with the idea to develop and make a lot of money and the way they were treated in the beginning was very sad. He added that they were threatened by a relocation consultant who even took him to court and rejected his rent for six months. Rosemead City Council Meeting Minutes ofOctober27, 2009 Page 13 of 28 Brian Lewin - stated that on the issue of in-place value; he would request that at very least something other than the phrase that is used in the proposed ordinance is used for this because the in-place value can vary from park to park and various cities. In terms of the condition of the coach if they are not taking care of it the assessor would take that into consideration if this home is very well taken care of then it would be assessed at a higher value. But some consideration should be given to in-place value. Mayor Pro Tem Gary Taylor referred to page 2 and stated that he would like to strike out the word "better" because that is too open ended; he referred to the sentence that read, "comparable housing equivalent or better..." and also the sentence below that read, "comparable mobilehome park equivalent or better...". He reiterated that the word "better" should be stricken. Council Member Polly Low addressed the concern regarding the rent; she understands the possibility, if the owner is getting ready to close the park he might raise the rent. She proposed that the ordinance include something that states the average of the last 12 months of the rent that way it is more evened out. Mayor Margaret Clark asked it would be the average of what. Council Member Low stated that the average of rent that they are paying. The ordinance states that the owner would pay the difference between the current rent and the rent of where the residents are going to move to. City Attorney Montes stated that for purposes of administrating the ordinance coming up with an average may be difficult; is it a weighted average?, is it a straight average?, if they spike the rent the last month is that twelfth of the weight of the 11 months prior. All those details need to be spelled out; if the concern is that there is going to be an increase in rent and you want to avoid having to factor into the rent increase then the suggestion of Ms. Simon-Weisberg was that you mark the rent at the time the 12 months begin. They are required to give a 12 month notice before they can let anybody go and shortly thereafter they would submit the impact report; that would be one way to do it. But the criticism of that would be that if they know they are going to be closing 2 months before they start the twelve months they spike the rent then. Mayor Pro Tem Gary Taylor stated that what the attorney was suggesting was reasonable because it gives them basically a 12 month rent freeze or it sets the amount of'the rental per month. City Attorney Monies responded that it was two separate issues; if they are going to have a freeze or a moratorium on rent as of the date they give the 12 month notice or whether you are just going to use the rent in effect at the date they give the 12 month as the measure for purposes of calculating rental subsidies; those are two separate issues. There is another concern regarding to rental increase that occur during that 12 month period even if you are measuring the amount of subsidy on day one if they start escalating the rent dramatically during the first few months of those 12 months people may leave before the 12 months have expired because they cannot afford the rent. Freezing the rent and putting a moratorium on the rent increases is a separate issue than how you measure the rent subsidy. Mayor Pro Tern Taylor asked if he was just talking about a measurement based point. City Attorney Montes stated he was drawing a distinction between both of them so that Council can decide which one they want to address. Rosemead City Council Meeting Minutes of October 27, 2009 Page 14 of 28 Mayor Margaret Clark stated she wanted to address both of them; she added that Council Member Low brought up the rent average and she liked that idea. Mrs. Clark asked what the best way to address that idea was. City Manager Allred stated that the City Attorney had mentioned that it might be administratively burdensome. City Attorney Montes stated that in terms of the measure, if you are concerned with any rental increases that are occurring as you get closer to the time that people have to vacate the park you can just set a measure for rental subsidy a little further back in time. The logical point would be the date that they give the 12 month notice because they are already required to do that but you can set it at any point. That would only address the rental subsidy but it would not address any rental increases that occur during that 12 month period; that is a separate issue. Mayor Margaret Clark stated that the freeze issue should be addressed first because she really thought it was important and once they applied for a permit there would be a freeze or a required lease. David Evens - suggested that Council could do a lease or can say that any rent increases during the closure would be tied to the CPI; so you know they cannot raise the rents and there is a limit to it and that limit is really low. Council Member Steven Lystated that made a lot of sence with helping Council calculate the differential as well if we have a set amount; whether we choose by a certain tipping point or by Polly's proposal in terms of the average that average won't change because you have the CPI limit to it. Mr. Ly stated that if Council does limit this the scope should only be on this and nothing else because he finds it very worrisome in terms of this being perceived it as Council supporting or opposing rent control. Leah Simon-Weisberg - stated that it was her understanding that when they do apply then the ordinance goes into effect; I did suggest looking at a year but my concern is that all these increases have already happened and all those people have not received their notice. She stated she was going to suggest a 3 year average because Council needed to do something beforehand because once they've done all the paperwork you are going to be stuck with the rent. Council Member Steven Ly stated that he thought it was a good idea what Ms. Simon-Weisberg had mentioned regarding including a "bad faith clause" in the ordinance and basically if you have a situation where you have a two or three months since the notice has been sent out and they are raising the rents already that is bad faith. Council Member Polly Low asked what the city could do about it. City Attorney Montes stated that his concern with a bad faith clause is that it is very difficult to define what is bad faith and once you get in the evaluation process you are looking at the behavior of the mobilehome park owner over the past months and we are trying to ascertain conditions based on their performance and we are saying they did x and we think that is bad faith without criteria of what we think is bad faith in the ordinance. We are inviting a future challenge from the mobilehome park owner who disagrees with your criteria of bad faith clause. He added that he was not saying it could not be added but that language would have to be flushed out by Council. Rosemead City Council Meeting Minutes ofOctober27, 2009 Page 15 of 28 Economic Development Manager Michelle Ramirez stated that another option that the Council could consider with that is.that the Federal Government sets what the fair market rent is for space rent annually; you can always`look at what the space rent is at the time of the closure report is submitted and use that as your bases for what the reasonable rent is, based on what the Federal Government sets. Council Member Polly Low stated that her concern with that is that you could have residents that started with a low rent. Mrs. Ramirez stated that they can add "or lower, the maximum of what the Federal Governments sets or lower' if their rent is lower. City Manager Allred stated that Council was looking at the limit rents to the CPI and second issue is trying to establish the base of the starting point to establish rent subsidies. He asked the City Attorney if he was ready to modify the language during the meeting or if this was something that needed to be brought back. City Attorney Montes stated that when all the proposed changes are done he would repeat back what he understands to be the proposed changes and if they were not significant then the ordinance would be brought back for a second reading; if they were significant then the ordinance will be brought back for another first reading. City Manager Allred stated that the other request was from Mayor Pro Tern Taylor to strike the word "better". Mayor Clark stated that they were doing three things, striking "or better' and the freeze limited to CPI. Council Member Ly stated they were not calling it freeze. City Attorney Montes stated that any rent increases during the 12 month notice period is limited to the CPI and in terms of relocation and rental subsidy the differential between the rental rate being paid and the new rent or the differential between the federal fair market rent space figure and the new rent, whichever is lower. Mayor Clark stated if someone was paying $800 a month and the federal is $640... City Attorney Montes stated that then the differential would be based on the $640 but if someone was paying $400 and the federal was $640 then it would be based on the $400 and it would be measured at the time of the relocation. Council Member Steven Ly made a motion, seconded by Mayor Pro Tern Gary Taylor, to introduce Ordinance No. 882 for first reading as amended. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None City Attorney Montes reiterated that this ordinance will be brought back to Council for a second reading with the new text inserted; if there are substantial changes then it would be reintroduced as a first reading. Rosemead City Council Meeting Minutes of October 27, 2009 Page 16 of 28 B. Adoption of Animal Control Ordinance, Animal Control Fees and CalPERS Waiver of 960-Hour Rule As discussed with the City Council as part of the 2009-10 Budget workshop and approved as part of the Budget, the City will assume responsibility for certain animal control services from the County of Los Angeles. While this transition includes many steps, there are several critical pieces which require Council input and approval. The components include updating the existing Animal Control section in the Municipal Code, formally adopting animal control related fees, and approving a resolution to allow a part-time City employee, who is a CalPERS annuitant, to work more than 960 hours in this fiscal year. Recommendation: That the City Council: 1. Approve the first reading of Ordinance 884 amending Title 6 of the Rosemead Municipal Code. 2. Approve Resolution 2009-60 amending the City's comprehensive fee resolution to include Animal Control fees. 3. Adopt Resolution 2009-57 requesting an employment extension per Government Code section 21221(h). Assistant City Manager Matt Hawkesworth reviewed the Staff report. Mayor Margaret Clark asked if Ordinance No. 884 included the fees or if that was item 2. Mr. Hawkesworth replied that the fees were addressed on item 2. Mayor Pro Tem Taylor asked that the items be separated for separate votes. Council Member Steven Ly made a motion, seconded by Council Member Sandra Armenta, to approve the first reading of Ordinance No. 884 amending Title 6 of the Rosemead Municipal Code. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None City Attorney Montes stated that this ordinance would come back to Council for a second reading. Mayor Margaret Clark stated that she still had a concern regarding charging a fee for animal disposal. She also stated that the resolution addressed animals like monkeys and chimpanzees; we don't allow monkeys as pets. She added that sometimes possums come into your yards and if you were to trap one (it benefits everyone as far as a health issue) and it dies, she asked if the City was going to charge for picking that animal up. Rosemead City Council Meeting Minutes of October 27, 2009 Page 17 of 28 Mr. Hawkesworth stated no and that the intent of this fee resolution was not to penalize or incur fees to anyone for something that is not under their control; the intent is to charge and to hold animal owners responsible for their animals if their animals become deceased and the city needs to dispose of them. Mayor Margaret Clark stated that the City did not allow residents to keep horses or cows as pets and asked why there was a fee of $250 in the resolution for a dead cow. Mr. Hawkesworth stated that the only reason why horses and cows were referenced was because at the previous meeting there was a request that staff provide examples of animals; one of the questions was what is the difference between a small animal and a large animal so staff spoke to the County of Los Angeles and what they told staff was that all dogs and all cats are considered small animals. The only thing that would quantify as a large animal would be something that would be much larger and although I agree that we don't have any, in efforts to make this as simple as possible staff was attempting to adopt exactly what the County fees are. Mayor Margaret Clark stated that for a dead dog or cat staff was proposing to charge $60 and proposed that the fee be stricken. If someone is abusing it for examples if someone has two or three dead pets in one year include in the ordinance that after the third call within one year or two years the city will charge a fee. She stated she was concern that if you have a fee for a dead cat of $60 the owner is either going to throw it in the trash or bury it in the backyard and this is a health issue. This is something that affects public health and we want to encourage people to do the right thing; our money comes from the taxpayers and we are here to serve the public. Mrs. Clark stated that she would move to approve this with the deletion of the dead animal fee. Council Member Steven Ly reference the statement "delivered to animal control" he asked where was animal control. Mr. Hawkesworth stated that the first proposal stated shelter and there was some confusion on who was the shelter so staff changed it to animal control; animal control is essentially going to be the city. City Attorney Montes asked if the Mayor was suggesting with regard to the animal control disposal that it could say $60 but then it could have a parenthetical that says no charge for two animals per calendar year. Mayor Margaret Clark stated that was much better. Council Member Steven Ly stated that he understood that what they were trying to do is to get the public to use the service but if they were going to do this they might as well waive the entire fee. Mayor Margaret Clark stated that if the city saw that there was a wide spread abuse of this to bring it back to Council in a year and redo it. Council Member Low stated that there would be no fee for the dead animal pick up but the ordinance also references a $10 fee if the resident brings the animal to the city. Council Member Steven Ly stated that he felt that should also be waived. Rosemead City Council Meeting Minutes of October 27, 2009 Page 18 of 28 Council Member Armenta stated that she believed that the reason the county charges $60 is because the County is really big and the City is only 5 square miles and it is not going to take long to reach our residents. Council Member Steven Ly stated that he would second the motion if it can also include that staff bring this back in a year to see how often this service is being used and to see if there is abuse of the service or not. Mayor Pro Tem Gary Taylor reference page 16 where it noted the feeding and boarding; these cats eat better than I do at S18 a day and I think there is something disproportionate about that. If you have dogs and cats, which are considered small animals and for large animals feeding and boarding is only $12 a day. Mayor Clark asked if this was straight out of the County. Mr. Hawkesworth responded yes. Council Member Ly stated that he believed the fee also included staff's time. Mr. Hawkesworth stated that in talking with the County the majority of animals that they dealt with are cats and dogs. He added that they did not only feed them but also treat any health issues and walk them and care for them. Mayor Pro Tem Gary Taylor stated that provided more clarification. Mayor Margaret Clark made a motion, seconded by Council Member Sandra Armenta, to approve Resolution No. 2009.60 amending the City's comprehensive fee resolution to include Animal Control fees, and include the changes made by Council. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None City Manager Allred stated that the next item (recommendation No. 3) would be the CaIPERS 960 hour extension. Mayor Pro Tem Gary Taylor asked how long Mr. Majors would be employed with the City. City Manager Allred stated that he would continue to be employed; however, he would only be allowed to exceed the 960 hours this one time. Mayor Pro Tern Taylor asked what would happen after that. Mr. Allred stated that he would go back to work under 960 hours. Mr. Taylor asked if this would be brought back for another extension. Rosemead City Council Meeting Minutes of October 27, 2009 Page 19 of 28 Mr. Allred replied no and that this was a onetime exception. He added that the only reason this was happening now was because Mr. Majors was helping with the transition and once the transition had been made then there is no longer a need for him to work beyond the 960 hours. Mayor Pro Tem Gary Taylor made a motion, seconded by Council Member Polly Low, to approve Resolution No. 2009-57 requesting an employment extension per Government Code Section 21221(h). Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None C. Chamber of Commerce Memorandum of Understanding The City Council will consider the renewal and updated provisions of the City's agreement with the Rosemead Chamber of Commerce (the Chamber). The City's existing Memorandum of Understanding (MOU, previously titled "Agreement") with the Chamber has not been updated or renewed in many years. Under the MOU, the Chamber will continue to promote the City as an advantageous location for business, industrial, residential, and recreational activities to the business community, residents, potential residents, visitors, and students. The updated Scope of Service includes activities that aim to increase Chamber membership, so that the Chamber can become self-sustaining trough membership dues and the participation in their events by the business community. Recommendation: That the City Council review and approve the MOU for the Chamber's services. No action was taken on Item 7C; it was deferred to the next City Council meeting. Mayor Margaret Clark stated that she was moving Item 8A up on the agenda. A. Keelung, Taiwan Sister City Committee Appointments On September 8, 2009, the City Council approved the Sister City Committees policy (the policy), which calls for the City Council to appoint an Executive Board to each Sister City Committee (Keelung, Taiwan and Zapopan, Mexico). The policy states that the Executive Board will consist of five (5) members. Staff published and posted a notice announcing the vacancies and received six (6) applications for the Keelung, Taiwan committee on October 13, 2009; however, one applicant decided to withdraw his application. Given that there are only five (5) eligible applicants, staff is recommending that they be appointed to the Keelung, Taiwan Sister City Committee Executive Board. The City Clerk's office has randomly selected Alan Thian and Steve Chiang to serve a two (2) year term (if appointed), therefore establishing staggered terms for the Keelung Sister City Committee. The other three (3) applicants, if appointed, will serve a four (4) year term. Rosemead City Council Meeting Minutes of October 27, 2009 Page 20 of 28 Recommendation: That the City Council appoint the five (5) eligible applicants to the Keelung, Taiwan Sister City Committee Executive Board. Mayor Pro Tern Gary Taylor stated that he would like to vote on the candidates individually and asked what the requirements were to be on the committee. City Manager Allred stated that it was that you either live or work in the City of Rosemead. Mr. Taylor stated that there were two gentlemen on the list that did not live or work in the City. Mr. Allred stated that their offices were not in the City but that they did do business in the City of Rosemead. Mr. Taylor stated that he took that as an exception and he would have to vote no on those two candidates because you can bring anybody from the County or State in and it's not strictly for Rosemead businesses and the intent was to participate with residents and businesses of Rosemead. Council Member Polly Low stated she agreed with Mr. Taylor because this just opened up for anyone to apply to the committee. Council Member Steven Ly stated that he felt this item should be deferred and maybe the candidates should go through the interview process because it seemed that members of the Council had many questions. No Action was taken on Item 8A; it was deferred to the next City Council meeting. The City Council took a short recess at 9:30 p.m. and reconvened at 9:37 p.m. Mayor Clark stated that Item 8C would be moved up on the agenda. C. Lunar New Year Event Proposal At its regular meeting on August 25, City Council requested that staff research and propose a Lunar New Year event. Staff has contacted potential vendors and sponsors, met with a regional promoter of similar events and representatives from two local Chambers of Commerce. As a result, staff is proposing that the City partner with EDI Media, Inc. for an event to be held at Rosemead Park in January 2010. Recommendation: That the City Council give staff direction regarding the development and implementation of a Lunar New Year event. Mayor Margaret Clark stated she had a problem with the cost and was wondering if there was anyway to subsidize it more. Parks & Recreation Director David Montgomery-Scott reviewed the staff report. Rosemead City Council Meeting Minutes of October 27, 2009 Page 21 of 28 Jack Chow - stated he was a resident of Rosemead and had been serving EDI Media for 11 years. For the past 11 years he has done annual events and each year the reputation of EDI events get better. He was approached several times by friends who live in the City who asked why he didn't do something for the city and he replied that he needed Council's support and recently he was approached by one of the Council Members to do this event at a shared cost. Council Member Polly Low stated that it seemed like the concern of the Council was the cost. Mrs. Low stated that she understood that it was first discussed that the City and EDI pay 50/50; however, she asked Mr. Chow if there was a possibility that EDI pick up a little more of the cost. Mr. Chow stated that he was willing to pick up more cost in order to make this event happen. He also thanked Mr. Montgomery-Scott and Mr. Allred for all their help during this process. Council Member Polly Low stated that right now the estimate cost for the city was $22,000 and asked if the City would put up $18,000 would EDI be willing to cover the rest of the cost. Mr. Chow replied that they did want to do something for the community and he felt that he could still do it with the City's portion being $18,000. Council Member Polly Low asked if the Council felt comfortable with the City's portion being $18,000. Mayor Pro Tern Gary Taylor asked what happens next year. Mr. Chow stated that ED has established over the years by name brand; they partner with CACP. Also, we have a long list of sponsors so for the New Year event EDI is looking to partner with a sponsor for future events. Mayor Pro Tern Gary Taylor stated that he asked the question because there is another item on the agenda tonight of $644 thousand that was not accounted for at the last meeting. The way I see it right now I've been able to find $2 million less this year for new programs and new employees and now we have to start cutting back. Those are my reservations to start the program because people don't realize that once you start the program it is extremely difficult to go back and offend people that now we need to cut back. Mr. Chow stated that if it was a money issue or not the City had the option not to continue the event next year but something needed to be done to see if this would benefit the community. Council Member Polly Low stated the City has a large population of Asian-Americans and that she's had lots of residents approach her regarding the Lunar New Year and ask her why the City does not have its own Lunar New Year event. Mrs. Low stated that a lot of Rosemead residents wanted to see this event happen and the reason why she approached EDI was because she has attended lots of their events. The last one she attended was in Walnut and the event was very successful; there were a lot of people there and she added that she wanted to see something like that in Rosemead. Rosemead City Council Meeting Minutes of October 27, 2009 Page 22 of 28 Council Member Sandra Armenta stated that she thought the City had never had this opportunity to work with the media and to promote some kind of event of the community and not only are we promoting a cultural event but we are also putting Rosemead on the map. Ms. Armenta stated that she thought this was a great event; the city has never had the opportunity before to partner up with EDI and hopefully the event is successful and it will bring people to Rosemead and shop and go to our restaurants. Mr. Chow stated that on their last event for example they had 2000 to 3000 people on average time and during their peak time there were between 6000 and 7000 people during their event. Council Member Polly Low stated that she also wanted to use this event as an opportunity to promote Rosemead's business community and by having these types of events in Rosemead it will help spice up the economy. Council Member Steven Ly stated that earlier during the meeting when discussing the animal control fees it was stated that this was taxpayers money and that part of using taxpayers money was to find programs and services that benefit our residents and when we have a 60% population of Asian-American in the City we need to make sure that they are included as part of the community. Mr. Ly stated that he thought the $22,000 was too much but if the amount was brought down to $18,000 that was an amount that the city can work with and he would personally feel comfortable with. Brian Lewin - stated that he was happy to see this on the agenda and hoped that this could be worked out because something like this is overdue for the city. He added that he thought this event had potential to bring more of the Asian businesses that are functioning in the City into to the full because a lot of them do not really participate or are members of the Chamber. He stated that other cities give preference to their businesses with regards to the booths and then they are opened to the rest of the public; he asked if Rosemead was doing the same. Mr. Montgomery-Scott stated that the only preference that would be given would be for Rosemead non-profit organizations. Juan Nunez - asked how the employment was in the city; if we've had to fire anybody. Mayor Clark replied no. Council Member Polly Low made a motion, seconded by Council Member Steven Ly, to move forward with the Lunar New Year event and allocate $18,000 for this event. Vote resulted in: Yes: Armenta, Clark, Low, Ly No: None Abstain: Taylor Absent: None Rosemead City Council Meeting Minutes of October 27, 2009 Page 23 of 28 D. Parks, Recreation, and General Facilities Master Plan Overview At its regular meeting on August 11, 2009, City Council heard a presentation on the findings that resulted from of outreach efforts in conjunction with the Parks, Recreation, and General Facilities Master Plan. The final document will include an inventory of existing facilities and programs and recommendations to meet community needs over the next 15 years. It will incorporate community input, increase grant opportunities, and establish specific goals for facility and program enhancement and financial strategies to help achieve them. As the Master Plan process nears completion, the project consultant, MIG, Inc. is ready to present City Council with an overview of all but the final two chapters. The presentation will focus on findings, facility conditions, and a list of potential projects that require prioritization. This information will be used to develop the remaining chapters on capital projects and financial strategies. Recommendation: That the City Council provide input and direction to staff regarding the Parks, Recreation, and General Facilities Master Plan including prioritizing projects for inclusion in the Master Plan. Parks & Recreation Director Montgomery-Scott reviewed the staff report Maxine Surks - representative of MIG went over a PowerPoint for City Council (PowerPoint presentation is available in the City Clerk's office). Mayor Margaret Clark asked why the report stated "Planning Level Cost Estimate" if it's a Capital Improvement; she asked if it was the cost to design it. Ms. Surks replied no and that each one had its own designation for what its cost is; it was just to set a base level of what the cost may be. Council Member Polly Low stated that she thought this was a great list and staff had done a great job going through and looking at all the things that are needed. Mrs. Low stated that there were a lot of things that were considered priority level 1 and asked how much money the City had to do all these projects in the upcoming year. Mrs. Low stated that there were a lot of projects that were marked priority level 1 and she did not think it was possible for the City to do them all and felt that staff needed to go back and prioritize the projects by what is really in need of repair or replacement. City Manager Allred stated that the Redevelopment Agency has $5 million in bond proceeds that are available now that must be spent in a timely manner; however, a bond proceed cannot be utilized for maintenance items; they must be used for new construction projects. Jim McCal - partner with MIG stated that as Mr. Allred had mentioned the City has funds available for these projects but Maxine had pointed out that there is a critical component here which the City will have as a deliverable here rather quickly which is being completed; which is the financial component. One of the things the financial component will show is mechanisms by which, including bonds, by which you would be able to start funding these things. Rosemead City Council Meeting Minutes ofOctober27, 2009 Page 24 of 28 Council Member Sandra Armenta referred back to Item 35, redesigning Jess Gonzalez Sports Complex, I honestly don't see how you can make better use of the space when it is a full football field and a full baseball field; the whole property is pretty much taken up. Ms. Armenta stated that the site was adjacent to a school and the only way that you would get more space would be to take part of the field from the Elementary School and the Jr. High. Council Member Steven Ly stated that this item was on the agenda so that Council can discuss what they thought were the important things and that in terms of the Jess Gonzalez Sports Complex he had gone to Temple, which is where the Jr. High connects with Jess Gonzalez and he agrees that he does not see a need to focus on this site when there are a lot of pressing needs in the City's facilities. Mr. McCal stated that was the reason why this item was a priority level 3 Council Member Steven Ly replied that he did not think it should be a priority level 3; it should not be on the list at all. Council Member Sandra Armenta stated that she agreed with Mr. Ly because she didn't think the schools were going to allow anyone to go into their schools and their campuses. Council Member Polly Low asked the City Manager what was the expectation for this item tonight. Mr. Allred replied that it was to get some comments from the Council to see what they thought was important and not important so that staff can get some sense. He added that staff did not expect Council to go over all 40 items but they just wanted some sense of what Council's priorities were and staff will take those comments back and bring back a final report for Council's review. Council Member Polly Low stated that her comments were that the restrooms in the city's facilities are horrible; she stated that many residents have approached her regarding this. Council Member Ly stated that if the Garvey pool was going to be replaced with a splash park that he expected that splash park to be a very nice splash plaza. Mr. Ly added that on Item 5 he was a little concern because what it sounds like is that basically we are creating another community center and the City already had two great community centers. He added that on Item 40, although he knew the bond funds could not be used for city hall, he thought that the Civic Center could definitely be improved especially the parking area. Council Member Polly Low stated that she thought the splash plaza would be a great entertainment area for the kids. Mayor Pro Tem Gary Taylor stated he walked all around Rosemead Park checking out the playground areas, the equipment and such, and the patios covers. He added that he had gone over to Tanner Park and asked the City Manager if he had gone to check these items himself. Mr. Allred replied yes that he had been to the facilities. Mr. Taylor asked him what he thought of the Sally Tanner's canopy in the park area Rosemead City Council Meeting Minutes of October 27, 2009 Page 25 of 28 Mr. Allred replied that it needed work and to be replaced. Mayor Pro Tem Gary Taylor stated it absolutely does and asked why it was placed as a priority level 2 when the canopy was a disgrace. He added that it could be repainted and scrapped up; poor maintenance there is no other way to describe it. Mr. Taylor stated that in Rosemead Park on the northern area there are three sets of canopies that are in very good structural condition but are very dirty and filthy; they have not been maintained or painted, it is 100% poor maintenance. Council Member Steven Ly stated that he had seen those canopies and agreed with Mr. Taylor and that from the list provided some of those items could be taken off the list if they are properly maintained; however, he felt that some of the items like the pools were in need of replacement and there should be a little debate among Council to figure out what other items needed to be replaced. Mr. Allred stated that a good point was being made about separating maintenance items and complete renovations or replacement items because the funding is different. Council Member Polly Lowasked for direction on how to provide staff with direction with Council's priorities since they each probably have different priorities. Mrs. Low stated that she agreed with Mr. Allred that these items should first be separated from maintenance to replacement or complete renovation items. Brian Lewin - suggested that when the civic center is being worked on that the city consider a serious face lift of city hall or a monument because he knows that there is a considerable amount of people that do not know that this is city hall even though they drive by it every day. No Action was taken on this item. E. Voluntary "Golden Handshake" Program The City Council will consider initiation of a voluntary "golden handshake" program as part of an overall strategy to reduce ongoing costs. Under this program, which would be available only through March 31, 2010, current employees who are fifty-five years of age or older would be offered an additional two-years of service credit in exchange for retirement on or before March 31, 2010. This program is available through the City's membership in Public Agency Retirement Services (PARS). Recommendation: That the City Council approve a PARS Supplementary Retirement Plan contract amendment to initiate the voluntary "golden handshake" program and authorize the proposed implementation timeline. Mayor Pro Tem Gary Taylor stated he had expressed his concern about some of the employees realizing that they would not be able to get their social security until 62 or 65; 1 think it's up to 67 now and as far as them going into retirement I am very hesitant. We are not at a position to judge someone's financial condition and once they get out of here they are not at a hirable age. Mr. Allred stated that there was no pressure on the employee and they will be counseled. Rosemead City Council Meeting Minutes of October 27, 2009 Page 26 of 28 Mr. Hawkesworth added that as part of the process eligible employees meet with a financial consultant to help them evaluate how much they'll receive and if they can live off what they will be receiving. Council Member Polly Low made a motion, seconded by Council Member Steven Ly, to approve a PARS Supplementary Retirement Plan contract amendment to initiate the voluntary "golden handshake" program and authorized the proposed implementation timeline. Vote resulted in: Yes: Armenta, Clark, Low, Ly No: None Abstain: Taylor Absent: None 8. MATTERS FROM MAYOR & CITY COUNCIL A. Reconsider Approval of the May 26, 2009 City Council Minutes As requested at the October 13, 2009 City Council meeting, the audio recording was reviewed from the June 9, 2009 Council meeting and it does not appear that the discussion regarding the five-year funding of approximately $600,000 per year for the retiree medical trust plan took place at that meeting. Staff also reviewed the audio from the May 26, 2009 meeting and it appears that the funding discussion took place as part of that meeting. At this time the City Council minutes for the May 26, 2009 have been amended and included on the agenda to reconsider the approval of the minutes to include the financial discussion. Recommendation: That the City Council give staff further direction. Council Member Sandra Armenta made a motion, seconded by Council Member Polly Low, to approve the amendment of the May 26, 2009 City Council Minutes to include the addition. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None C. City Council Meetings Schedule for November and December 2009 Due to upcoming conflicts and seasonal holiday celebrations, the City Council will consider actions to consolidate the two regular Council meetings in November into a single Council meeting on Tuesday, November 17th. Also, due to the Christmas holiday season, the City Council will consider cancellation of the regular meeting of December 22, 2009. Recommendation: That the City Council schedule a meeting on Tuesday, November 17, 2009 in lieu of regularly scheduled meetings on November 10 and 24, 2009; and cancel the meeting of December 22, 2009. Rosemead City Council Meeting Minutes of October 27, 2009 Page 27 of 28 Council Member Polly Low made a motion, seconded by Council Member Steven Ly, to schedule a meeting on Tuesday, November 17, 2009 in lieu of regularly scheduled meetings on November 10 and 24, 2009; and cancel the December 22, 2009. Vote resulted in: Yes: Armenta, Clark, Low, Ly No: Taylor Abstain: None Absent: None 9. MAYOR & CITY COUNCIL COMMENTS Council Member Sandra Armenta stated that everyone did an incredible job with the Oktoberfest event. Council Member Steven Ly stated he wanted to commend Parks & Recreation and Public Works for their work during the Oktoberfest event. Also, he stated that he had recently gone to the Square Super Market on San Gabriel and Garvey and added that the complex was beautiful and clean. Mayor Margaret Clark stated that a couple people mentioned to her that the agenda for the Strategic Plan meeting that was scheduled for Monday did not arrive to their mailbox until Wednesday. Also, she added that she had received a call about the trash on the freeway onramp on the westbound on Walnut Grove; there is trash all over by the fences. 10. ADJOURNMENT The meeting adjourned at 11:08 p.m. The next City Council meeting is scheduled to take place on November 17, 2009 at 6:00 p.m. Margaret d ark Mayor ATTEST:.. i loria Molleda_ City Clerk Rosemead City Council Meeting Minutes of October 27, 2009 Page 28 of 28 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) 1, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the minutes from October 27, 2009, were duly and regularly approved and adopted by the Rosemead City Council on the 12'h of January 2010, by the following vote to wit: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None ona Molleda City Clerk