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CC - 12-08-09Minutes of the JOINT CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING December 8, 2009 The regular meeting of the Rosemead City Counciland Community Development Commission was called to order by Mayor Clark at 6:01 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. FLAG SALUTE: Council Member Armenta INVOCATION: Council Member Low 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, Interim 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 — 38 Recommendation: Adopt Resolution No. 2009 -38 for payment of Commission expenditures in the amount of $22,136.63 demand nos. 11195 through 11202. B. Walnut Grove Beautification 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 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 Project As part of the City's Fiscal Year 2009 -10 Capital Improvement Program, the City Council approved a project to improve the Ramona Boulevard sound wall area from Rio Hondo Avenue to Hart Avenue, north side of the Interstate -10 Freeway. The project includes a complete landscape makeover, which includes a new irrigation system, ground cover, trees, shrubs, vines and minor concrete work. Recommendation: That the City Council /Community Development Commission: Approve the plans and specifications for the Ramona Boulevard Beautification Project; 2. Authorize the City Manager to enter into a contract with Mariposa Horticultural Enterprises, Inc for the Ramona Boulevard Beautification Project in the amount of $45,594.68 and establish an amount of $11,400 to cover the cost of unforeseen construction expenses. Commissioner /Council Member Steven Ly made a motion, seconded by Commissioner /Council Member Sandra Armenta to approve Consent Calendar items A, B and C. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None City Attorney Joseph Montes stated that Council wduld be going into closed session, Mr. Montes needed the input of an additional third item of a possible initiation oflitigation 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 Armenta 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 Litigation Name of Case: Haro v. City of Rosemead Council reconvened back from closed session at 7:00 p.m. City Attorney Montes stated that there was no reportable action to be announced and that council will re -enter closed session at the conclusion of the city council meeting. City Council Meeting Agenda The regular meeting of the Rosemead City Council was called to order by Mayor Clark at 7:04 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. FLAG SALUTE: Council Member Armenta INVOCATION: Council Member Low PRESENT: Mayor Clark, Mayor Pro Tem 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 PRESENTATION: Welcome Home for the.Holidays to U.S. Army Private Caesar Samuel Morales Rosemead City Council presented Private Caesar Samuel Morales' mother and family with a welcome home plaque 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 voted the way they did. Council Member Polly Low replied that she first was going to vote no on it because she did not agree with the type of fighting that is seen on TV. Mrs. Low added that during the meeting they explained that the gym will only use the name (UFC) as a marketing gimmick; they will provide a lot of exercising classes for women and she ultimately decided to vote yes. Mrs. Low explained that it was her understanding the initials stood for Ultimate Fitness Center; however, the logo is also used for Ultimate Fighting Championship. Ms. Navarro asked what the U stood for in UFC and felt that UFC was promoting violence. Mayor Margaret Clark replied that it stood for Ultimate and that she did not vote for this issue on this item. Council Member Steven Ly stated he voted yes because after consulting with the City Attorney and staff and in terms on what they bring to the community, they have gone through all the rules and permits and to deny them, it could have put the City in a position to defend and maybe encounter a lawsuit. Council Member Sandra Armenta stated she voted yes and asked Ms. Navarro if she viewed the presentation. Adding that it's not going to be a UFC training camp; the presentation showed the types of classes they will be offering, such as women's self defense. Ms. Armenta added that they are planning to have a partnership with the sheriffs department in the future. Mayor Pro Tom Gary Taylor stated that the partnership may have been cancelled and asked staff to clarify. Community Development Director Brian Saeki explained 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 UFC had not established a partnership other than approving their safety plan before moving forward with the project. Mayor Pro Tem Gary Taylor clarified that he vote) 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 Sally'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. Ms. Navarro felt that the UFC organization was deceiving the City and the residents of Rosemead. Mayor Margaret Clark stated that she asked them to put Ultimate Fitness Center on the sign and they would not change their name. Council Member Steven Ly asked staff to provide a copy of the notice of the project that was published in the Tribune to Ms. Navarro. Juan Nunez — expressed concern with the payments being made to former Council Member Nunez for unemployment insurance benefits. City Manager Allred explained that the City contested the application. Mr. Nunez applied for unemployment insurance benefits and the city was notified by Employment Development Department and although the city contested the application, benefits were granted by the State of California EDD; The City had to reimburse EDD for the cost. Council Member Steven Ly stated that the City challenged the application and EDD said the City had to pay the bill. City Attorney Montes reiterated that the City continues to challenge this issue and there is an unemployment insurance code section that the city believes does not allow benefits to be paid to former public officials. Mr. Montes added that the City had notified EDD of that section and the City was awaiting their response. Mr. Nunez also spoke about an issue he encountered with Consolidated Disposal. Mr. Nunez explained that the trash company charged him unjustly; he spoke with Deputy Public Works Director Marcarello. Mayor Pro Tern Gary Taylor explained that after two months of not paying your bill the delinquency kicks in effect and you have to pay for the 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. 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. Rosemead Community Development Commission and, City Council Joint Meeting Minutes of December 8, 2009 Page 5 of 20 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 not have control over that. 5. PUBLIC HEARING A. Citizens' Option for Public Safety (COPS) Grant Funding for FY 2009 -10 Assembly Bill 1913 (Schiff- Cardenas Crime Prevention Act) was signed into law in 2000. This bill provides State funding for various law enforcement programs including COPS funding for front line law enforcement. The COPS program requires each agency's chief law enforcement officer to present, at a public hearing, a recommendation for uses of the COPS grant revenue for the fiscal year. Recommendation: That the City Council approve Resolution No. 2009 -69 amending the 2009 -10 Fiscal Year Budget by increasing COPS Grant estimated revenues by $100,000 to be spent on motorcycle officer patrol and police protection at community special events. Chief of Police Tim Murakami reviewed the staff report. Mayor Margaret Clark opened the public hearing at 7:38 p.m.; there being no one to speak on this item the public hearing was closed at 7:38 p.m. Council Member Steven Ly made a motion, seconded by Council Member Polly Low to approve Resolution No. 2009.69 amending the 2009.10 Fiscal Year Budget by increasing COPS Grant estimated revenues by $100,000 to be spent on motorcycle officer patrol and police protection at community special events. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None 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. F. Approval of Resolution No. 2009.64— Authorizing the City Manager to Execute Program Supplements with the State of California for Federal Aid Projects — Citywide Project No. ESPL — 5358 (010) As part of the City's Fiscal Year 2009 -10 Capital Improvement Program, the City Council approved a project entitled "Citywide Curb Ramp Improvements', which includes retrofitting approximately 800 curb ramps in accordance with the Americans with Disabilities Act guidelines (ADA). The project work plan also includes other miscellaneous concrete infrastructure improvements. The-project will be entirely funded by the City's allocation under the American Recovery and Reinvestment Act of 2009. Recommendation: That the City Council approve Resolution No. 2009 -64 authorizing the City Manager to execute Program Supplements and the Administering Agency - Federal Master Agreement with the State of California for the Citywide Curb Ramp Improvements Project. I. Resolution No. 2009.65 Consenting to the Recordation of the Irrevocable Offer of Dedication for those Portions of LA County Assessor's Parcel No. 5284. 024.022 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 2340 Denton 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 Resolution No. 2009 -65, authorizing the 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 A 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. Recommendation: That the City Council approve the Traffic Commission recommendation and authorize the installation of approximately 30 feet of green curbing at 8728 East Valley Boulevard. 0. Award of Contract for Rush St. & Angelus Ave. Traffic Improvements As part of the City's Fiscal Year-2009-10 Capital Improvement Program, the City Council approved a project to implement 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 school drop -off/ pick -up zone, traffic signs, curb ramp improvements, sidewalk repairs and in- pavement crosswalk warning lights. Recommendation: That the City Council: 1. Approve plans and specifications for the Rush Street/Angelus Avenue Traffic Improvement Project; 2. Authorize the City Manager to enter into a contract with Freeway Electric, Inc. for the installation of traffic calming devices around the intersection of Rush Street and Angelus Avenue in the amount of $87,087.00 and establish an amount of $17,400.00 to cover the cost of any potential and additional unforeseen construction expense. Mayor Pro Tern Gary Taylor asked for correction on the minutes of October 20, 2009. Mr. Taylor stated that page 2 stated "about getting all the gum cleaned up off the Boor in front of the Gym ". It should have stated "sidewalk" not floor. - Mayor Margaret Clark also stated that the minutes of October 13, 2009 would be approved with grammatical corrections that council received earlier. 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 : • - • 1 rWIIikII-*] 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 agree with the EDD payments relating to former Council Member John Nunez. Mayor Pro Tem Gary Taylor asked for an explanation of the payments to EDD. City Manager Allred explained that the payment to EDDJs sent for former employees who fled for unemployment insurance benefits and the city has to reimburse EDD back. Mayor Pro Tem Gary Taylor asked for a copy of the billing invoice and added that he would vote no on this item as well. Council Member Polly Low stated she agreed with both Mayor Clark and Mayor Pro Tem Taylor; she asked if Council was going to vote on the entire set of claims and demands or just on that individual item. Mayor Margaret Clark clarified that Council would vote on the entire set of demands excluding the EDD payment item. Council Member Polly Low asked if Council did not approve the payments to EDD how it would affect the process. City Manager Allred stated that Council will exercise, a protest vote because the payments have already been made. Assistant City Manager Hawkesworth explained that it would be a protest vote because under the contract with the State of California the city is bound by law to pay the State. Mayor Margaret Clark asked if all the items in the claims and demands have been paid. Assistant City Manager Hawkesworth stated that the majority have been paid, except any checks to the City Attorney; those get paid after Council's approval. Mayor Pro Tem 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 17.98 "Mobilehome Park Conversion" to the Rosemead Municipal Code Pertaining to the Conversion, Closure, and Cessation of Use of Mobilehome Parks On October 27, 2009, the City Council introduced Ordinance No. 882 (Mobilehome Park Conversion) for first reading to provide mobilehome park residents with added protections beyond that established in state law. At that meeting, the City Council modified the ordinance clarifying how to calculate replacement housing assistance payments and adding a section to limit rent increases during the conversion process. On November 17, 2009, the ordinance was presented to the City Council for second reading. At that meeting, one additional modification was made to the calculation method for the replacement housing assistance payments, requiring the City Council to reintroduce the ordinance for first reading that night. Recommendation: That the City Council adopt Ordinance No. 882 on second reading. Elena Popp — attorney representing the Park Monterey mobilehome residents stated that her clients came with four requests to be included in the ordinance that were not included. First request was rent differentials, making sure they had reasonable amount of assistance to help them relocate. The number of months does not allow them to adjust for higher rents on the market; it was suggested that it be 42 months. The second request was to freeze rents for one year. Third, restriction on minor violations, landlords tend to not send 30 day notices that certain rules will start to be enforced, they just force them, and people find themselves in eviction proceedings. Fourth, the biggest lost was the in place value, which was their'number one demand. I they do not have in place value then it's almost impossible for folks to get enough money together to buy another home. Ana Torres — expressed that she was disappointed because the residents of the mobilehome park have not seen the results they were expecting. She recalls that it was a different picture when council members were campaigning for the March 3, 2009 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 affects 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 Ms. Popp — 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 reiterated that we cannot compensate them for their inconveniences but an ordinance can compensate them for a reasonable relocation cost. Mayor Margaret Clark inquired about a resident that was going to be helped by Mr. Evans Mr. Evans stated he did speak to Mr. Gilbert Ramirez and had not returned his call because he was waiting to hear from the company that manages Park Monterey. . Ms. Popp stated that she had a sample appraisal from a mobilehome park resident and it was in -place at $30,000. Mayor Pro Tern Gary Taylor asked what the appraisal would be without the in -place value. 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 $30,000 in -place will not get the resident a comparable housing. Mayor Pro Tem Gary Taylor reiterated that in the past 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 the rights of the property owners. It states in the ordinance that the mobilehome owners have the option to get three appraisals on 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 twelve months. The residents are allowed to get fair appraisals of their mobilehomes and that's the starting base; then the negatieR negotiation starts with the property owners and they have to come to an agreement. Mr. Taylor reiterated that he could not support the changes of 42 months of rent subsidy, when its 12 months throughout the State. Ms. Popp 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 saddens 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 was very passionate about the residents and understood that their home was important. Residents have done a good job is informing the Council on what is going on. Council Member Steven Ly made a motion, seconded by Mayor Pro Tern Gary Taylor to approved Ordinance No. 882 on its second reading. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None E. Resolution Amending the Reporting Requirements of the Travel Policy On December 27, 2005, the City Council adopted Resolution No. 2005 -47 implementing a policy for travel and attendance at conferences to ensure compliance with the reporting requirements of AB1234. Since the original adoption of that Resolution, it has been determined that verbal reports regarding conferences attended are not required under AB1234. As a result, a new resolution and an amended policy have been prepared which would change the City's reporting requirements for elected and appointed officials who attend a conference to filing a brief written report with the City Clerk. Recommendation: That the City Council approve Resolution No. 2009 -66 amending the City's Expense and Use of Public Resources Policy. Mayor Margaret Clark asked City Attorney Montes to clarify the travel reporting policy. City Attorney Montes stated that the issue that was highlighted in the modification, with respect to conferences that are attended 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 adopted reporting policy. It was his understanding that they had to have a brief summary presented at the next council meeting. City Attorney Mantes 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 same meetings as the Brown Act. Mayor Pro Tern Taylor replied that he did not recall reading that part, as being the same as the Brown Act City Attorney Mantes stated that AB1234 says that in respect to meetings attended at public expense, on another part of AB 1234 the definition and meaning that is given is the same definition as for a Brown Act meeting. Mayor Pro T,em Taylor reiterated that he was not disputing the 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 held and date. City Attorney Mantes explained that the reporting requirement says you have to report meetings. Meetings are defined as Brown Act meetings. There is an ambiguity in AB1234 because technically all the conferences that they attend are not Brown Act meetings. There is an interpretation of AB1234 that none of those meetings need to be reported at all. So what the new policy is doing, is saying no, we are still going to report on these as though they were meetings, publicly funded and attended events; the form of that reporting is going to be a written report to the city clerk, a copy ' of the agenda or copy of the conference materials. There is no need to report back in a specific meeting, since the event itself is technically not required to be reported. Council Member Steven Ly made a motion, seconded by Council Member Sandra Armenta to approve Resolution No. 2009.66 amending the City's Expense and Use of Public Resources Policy. 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 13 of 20 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 Resolution No. 2009 -54, authorizing the City Engineer to execute and record the irrevocable offer of dedication for L.A. County Assessor Parcel No. 5289 - 007 -069. Juan Nunez — expressed concern about taking property because it is lowering the standard of the property. If the property owner wants to build they would not be able because they do not have the square footage. Mayor Margaret Clark stated that the only time this happens is when an owner has already expanded their property. City Engineer LeBlanc explained that the City has a policy that states that if a dedication reduces below the 6,000 feet it creates a non - conforming condition; the city does not allow for a dedication in that case. H. Resolution No. 2009.62 Consenting to the Recordation of the Irrevocable Offer of Dedication for those Portions of LA County Assessors Parcel No. 5287. 038.035 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 7907 -7911 Virginia Street 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 Resolution No. 2009 -62, authorizing the City Engineer to execute and record the irrevocable offer of dedication for L.A. County Assessor Parcel No, 5287 - 038 -035. Council Member Steven Ly made a motion, seconded by Mayor Margaret Clark to approved Resolution No. 2009.54 and 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 located within 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. If approved, this proposal would enable the City to enter into a fixed cost maintenance contract with a qualified company for a period of five (5) years with an option to extend the contract for two (2) additional years. Recommendation: That the City Council approve the specifications for tree maintenance services and authorize staff to solicit proposals from the list of qualified tree maintenance firms. Mayor Pro Tem Gary Taylor asked staff to include the contract with the staff reports and the current contract with the current tree service provider. Senior Management Analyst Farid Hentabli stated that the current contract with Great Scott Tree Services was entered in August 8, 2006 for one year. The contract expired in 2007 and has been on a month to month basis since. Mayor Pro Tem Gary Taylor stated that it surprised him because it was an unusually short contract for only one year. The new one would be for five years and an additional two years. Deputy Public Works Director Marcarello replied that the rationale on extending the time was to minimize the number of times the city had to go out to bid and have continuity of a service provider that can be dependable. Mayor Pro Tem Taylor stated that as long as this was going to be the policy for all contracts. Mr. Taylor stated it that it was reasonable that all 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 Works Director Marcarello stated that it would be up to the discretion of the City Council. Council Member Polly Low asked for clarification on what the difference would be between the durations of the contracts and asked what 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 Tem 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 cycle. Mayor Pro Tem Taylor stated that he would feel more comfortable for Council to review a contract in three years rather than five years. Council Member Ly asked if Great Scott would be amenable to activate a three year contract with two additional one year contract extensions. Deputy Public Works Director Marcarello replied they probably would but the intent is to send out to several landscaping and tree trimming companies. Mayor Pro Tem Taylor asked that the contract be amended to a three year contract with two additional one year extensions. Mayor Pro Tem Gary Taylor made a motion, seconded by Council Member Polly Low to approve the specifications for tree maintenance services and authorize staff to solicit proposals and amend the contract to a three year contract with two additional one year extensions. Vote resulted in: Yes: Armenta, Clark, Low Ly, Taylor No: None Abstain: None Absent: None L. Request for Traffic Improvements at Rosemead Place and Earlswood Drive The Traffic Commission has reviewed traffic conditions at the intersection of Earlswood Drive and Rosemead Place and recommends the installation of improvements. Residents of the neighborhood expressed concerns that vehicles drive too fast around the turn at the intersection, causing unsafe conditions and requested improvements to improve traffic and pedestrian 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 Traff ic Improvements at Klingerman Street and Angelus Avenue The Traffic Commission has reviewed traffic conditions at Klingerman Street and Angelus Avenue and recommends the installation of improvements. Residents in this neighborhood expressed concerns that vehicles drive too fast around the turn at this intersection causing unsafe conditions for nearby residents and school attendees at Rice Elementary School. Traffic calming improvements are recommended to be added to address safety concerns. Recommendation: That the City Council approve the Traffic Commission recommendation and authorize implementation of traffic safety enhancements at Klingerman Street and Angelus Avenue. Deputy Public Works Director Marcarello stated he'had spoken to Velia Navarro and she expressed concern with the rumble strips and instead suggested a register speed sign on streets. Council Member Ly asked if the register speed signs that were used before were from the Sheriffs or Highway Patrol. Deputy Public Works Director Marcarello replied that the Chief of Police will try to secure one from the Temple Sheriff's Station. City Manager Allred reiterated Council's motion to approve the recommendation with the removal of the rumble strips and investigate 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 with the removal of the rumble strips and investigate the acquisition of a mobile register speed sign. 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 17 of 20 N. 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. 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 bidding 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 construction. Recommendation: That the City Council: 1. Approve the plans and specifications for the Garvey Avenue Resurfacing Project; 2. Authorize the City Manager to enter into a contract with All American Asphalt for the Garvey Avenue Resurfacing Project in the amount of $476,000.00 and establish an amount of $119,000.00 to cover the cost of unforeseen construction expenses. Mayor Pro Tem Gary Taylor inquired about the 25 percent contingency fee for $119,000; which puts that contract over the second and third bidders. Deputy Public Works Director Marcarello replied that in looking 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 bang for our buck with our project; we will.make Council aware of any additions along Garvey Avenue. City Manager Allred 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. 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 Tem 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 and 2011 The City Council will consider approval of a Strategic Plan for 2010 and 2011. Over the past several months the Council has commissioned a citizen survey and conducted four study sessions leading towards development of the plan. The document includes a long -term vision statement identified as Vision 2020 as well as Key Organizational Goals, Strategies and Action Plans. The Strategic Plan will provide guidance and direction for the City's commissions, committees and operating departments over the next two -year period. Recommendation: That the City Council adopt Resolution No. 2009 -67 approving the City of Rosemead Strategic Plan for 2010 and 2011. City Manager Allred explained that staff along with Council has had four study sessions in developing a strategic plan for the City. Mayor Pro Tem Gary Taylor inquired about a chart in the plan relating to the parks canopies. City Manager Allred clarified that the parks master plan and the city's strategic plan are two different plans. Brian Lewin — thanked Council and staff for having study session with the rest of the commissions. Council Member Steven 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 Member Armenta 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 50th commemorative book; second, asked staff to look into better ways to use Measure R funds and improved our Rosemead Explored Shuttle system. Mr. Ly also mentioned that it has been very difficult for Council and staff to work on the Cal Poultry situation. Council Member Armenta thanked Parks and Recreation Director Montgomery-Scott for a wonderful tree lighting ceremony. Council recessed back to closed session at 8:56 p.m. and reconvened back at 10:16 p.m.; no reportable actions. 10. ADJOURNMENT The Meeting adjourned at 10:16 p.m. The next joint Community Development Commission and City Council meeting is scheduled to take place on January 12, 2010 at 6:00 p.m. and 7:00 p.m., respectively. Margaret lark Mayor ATTEST: Gloria Molleda, City Clerk Rosemead Community Development Commission and City Council Joint Meeting Minutes of December 8, 2009 Page 20 of 20 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the minutes from December 8, 2009, were duly and regularly approved and adopted by the Rosemead City Council on the 12th of January 2010, by the following vote to wit: Yes: Annenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None Molleda City Clerk