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CC - Minutes 02-09-10Minutes of the JOINT CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING February 9, 2010 The regular meeting of the Rosemead City Council and Community Development Commission was called to order by Mayor Clark at 6:03 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. FLAG SALUTE: Chair/Mayor Clark INVOCATION: Vice-Chair/Mayor Pro Tern Taylor PRESENT: Mayor/Chairwoman Clark, Mayor Pro Tem/Vice-Chairman Taylor, Council Member/Commissioner Armenta, Council Member/Commissioner Low, and Council Member/Commissioner Ly. STAFF PRESENT: City Manager Allred, Assistant City Manager Hawkesworth, City Attorney Montes, Community Development Director Wong, 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 2. COMMISSION CONSENT CALENDAR A. B. Claims and Demands Resolution No. 2010 - 07 Recommendation: Adopt Resolution No. 2010-07 for payment of Commission expenditures in the amount of $141,407.89 demand nos. 10071 through 10073 and demand nos. 11225 through 11230. Walnut Grove Avenue Beautification and Traffic Congestion Improvements - Award of Contract As part of the City's Fiscal Year 2009-10 Capital Improvement Program, the City Council approved a project to improve the Walnut Grove Avenue medians and traffic congestion enhancements. The project includes a complete landscape makeover, including the installation of a new irrigation system, river rock, and new landscape. In addition, street improvements will be made to expand the existing left-turn pocket at Walnut Grove Avenue and Ramona Boulevard to reduce traffic congestion. Rosemead Community Development Commission and City Council Joint Meeting Minutes of February 9, 2010 Page 1 of 17 Recommendation: That the Community Development Commission: 1. Authorize the City Manager to enter into a contract with the lowest responsible bidder, Kasa Construction, for the construction of the Walnut Grove Beautification and Traffic Congestion Improvements Project in the amount of $113,952.00 2. Establish an amount of $17,100.00 (15%) for contingencies to cover the cost of any unforeseen conditions. Commissioner/Council Member Polly Low made a motion, seconded by Commissioner/Council Member Sandra Armenta to approve Commission Consent Calendar. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None 3. MATTERS FROM EXECUTIVE DIRECTOR & STAFF A. Approval of Changes to Commercial Fagade Program In 2001, the Rosemead Community Development Commission approved a Commercial Fagade Program (Fagade Program) with the goal of restoring the vitality of the City's Commercial districts within each of its project areas. The Fagade Program was discontinued in fiscal year 2007-08 due to lack of participation. The Fagade Program has since been amended and includes modified funding options and a simplified application procedure from the previous program. These elements were designed to improve the two main deficiencies of the previous program - low grant/loan amounts and flexibility of programs. Recommendation: That the Community Development Commission approve Resolution No. CDC 2010-05 authorizing implementation and administration of Commercial Fagade Program. Economic Development Administrator Michelle Ramirez reviewed the staff report. Mayor Pro Tern Gary Taylor referred to a statement of the staff report; "these elements were designed to improve the two main deficiencies of the previous program - low grant/loan amounts and flexibility of programs." Mr. Taylor asked what had changed and what were they before. Mrs. Ramirez replied that the City only had one rebate program up to a maximum of $25,000 and a loan program up to $50,000 and those amounts have now gone up. Mrs. Ramirez explained that the rebate did not used to be very flexible on what could be done with it; you couldn't do general improvements with it, you could only do signage improvements, minor fagade improvements to it; otherwise you needed to go through the loan process program in order to do general improvements, such as, new roof, and things like that. Council Member Steven Ly referred to page 6 of the report and stated that his concern with industrial buildings was that; he understands that the City wants its corridors to look nice. However, stated that we Rosemead Community Development Commission and City Council Joint Meeting Minutes of February 9, 2010 Page 2 of 17 have some industrial businesses along Garvey that need to be included because they are one of the reasons why Garvey is not as exciting as it could be. Mrs. Ramirez replied that would not be a problem and that an appeal process had be added in case someone wanted to appeal a denial and ask the Executive Director to review it as well. Mayor Pro Tem Gary Taylor stated that all of the City's businesses pay taxes and a little concern at what is being proposed here because this is only for the businesses in the project area but yet it is through tax increment funding. Mrs. Ramirez replied that it was through the City's Redevelopment funding, which can only be used in the project area. Mr. Taylor asked where we got the tax increment from. Mrs. Ramirez replied that he was correct; from the businesses within the project areas. Council Member Polly Low stated that the increment was based as the property value goes up in those project areas; as property value goes up the difference, the Delta, the new assessed value versus when it was frozen. Mr. Taylor replied that was correct but that is where the money comes from as far as the growth goes in dollars. Mayor Margaret Clark stated then that would be used in the project area. Council Member Sandra Armenta stated that Mr. Taylor was referring to other business outside the project areas. Mr. Taylor stated that was correct and that we were pinning two sides against the other; those in the redevelopment area they get the benefit even though they didn't do it specifically; in other words the increments come from new improvements' increase in value. If there are new projects that come in and buildings. Other businesses within the city at large, and those in the project-area, many of them haven't improved that much to get a fair share of getting these kinds of benefits. What I find uncomfortable is that the City has about 1000 businesses in the City; if you are in the project area then you get all of these benefits but the rest of the City's businesses don't get it. Mayor Clark asked the City Attorney if there was any way for them (businesses) to get these benefits. Mrs. Ramirez stated that the money could be used outside of the project area but the Commission needed to make a number of findings in order for that to take place, such as, that the improvement benefits the project area, that there are no other reasonable financial means to do that improvement, that it helps remove blight from the project area, and that it is consistent with the City's implementation plan. City Attorney Joseph Montes stated that the most important point to focus on was that the use of the funds outside of the project area have to contribute to the elimination of blight within the project area. So if you have a business that is a block or two outside the area and they are going to redo their fagade; it might be difficult Rosemead Community Development Commission and City Council Joint Meeting Minutes of February 9, 2010 Page 3 of 17 to make a determination that that new fagade is somehow going to improve the project area a block or two away. This is more targeted at trying to give a face lift to the businesses within the project area. Mayor Pro Tem Taylor when you go down Garvey Boulevard if you are east San Gabriel you get the benefits; if you are west of San Gabriel Boulevard and you are everyday business man just like those that are east of San Gabriel Boulevard; one gets the benefit of it and the other doesn't even though either one contributed money. I hate to see that the businesses to the west do not get the benefits but business to the east of San Gabriel, who did not do anything as far as increasing the tax value, they have the benefit of the program; I can't find the equity in that. Council Member Sandra Armenta stated that she agreed with Mr. Taylor; you go down Garvey regardless if its east or west of San Gabriel; how can we tell a business owner that is west of San Gabriel, no sorry you don't qualify but if you were just a little further east you would have qualified. Council Member Steven Ly stated that "I think that has to do with the way, what is the purpose of redevelopment and my understanding of how redevelopment works is we define an area in the city that we feel it is underutilized and with that we use tax increments funds to improve upon that area. Now where I live which is near Garvey and its east of San Gabriel Boulevard I couldn't understand why that wasn't part of the project area because it needs significant improvement. We have a set of funds that we want to dedicate towards improving a fagade, the buildings, the way the buildings look, the signs, of an area that we as a city have said needs improvement. I think that this is a good start and a good use of that money. Council Member Polly Low I am very excited about this program because I think we finally have a chance to do a face lift of our main corridor; some corridor that is part of the project areas. I agree with Mr. Ly that we are using funds from the redevelopment agency and that is the purpose of it; is to revitalize our City. So I think this is a great program we just need to do it right; we will publicize it, make sure we have good participation and that way we can really clean up the city and build the reputation of the City. I think this is a very good start; I have been talking to Mr. Allred about this for a while; I really want to see this because this is what we need; this is what the City needs; a facelift and this is a chance for us to do it. Mayor Clark asked if there were businesses that were interested in the program and they were outside the project area; what would be the possibility of extending the project area. City Manager Allred responded it was possible but explained that the Commission would have to make findings of that project area; it's not impossible, you can find findings. City Attorney Joseph Montes added that to extend the project area, it requires a comprehensive study, a blight study, a CEQA process, you need public hearings and more importantly you need to get the County on board because you are going to now start taking tax increment from properties that the County was receiving their tax share from and they are usually resistant to do that expansion. Council Member Polly Low I think what this program will get things started, as businesses start seeing that certain areas are already cleaned up and the buildings are nice, that will give them an incentive to clean up their own building. This program is to give property owners a little incentive to help them out and give them some money to subsidize them. And I think it will also stimulate other property owners that will be willing to do it for themselves. Maybe we will run into situations where they can't do it because of money and maybe the City can find a way to help out under those circumstances. Rosemead Community Development Commission and City Council Joint Meeting Minutes of February 9, 2010 Page 4 of 17 Mayor Clark asked if there was a way that the City could help. City Manager Allred stated that CDBG funds could be utilized. Mrs. Ramirez added that CDBG funds could be utilized; CDBG would have to be used in our eligible targeted areas. Mayor Clark stated that this was a special fund and the money would not be taken from the community programs. Mrs. Ramirez replied that would be up to the Council to determine how they want to divide the money that the City receives. She added that everything on the east of San Gabriel is in a CDBG target area. Council Member Sandra Armenta stated that she thought the program was very good and needed program; Garvey does need to be cleaned up but we do not want other businesses feeling excluded. Comm issionerlCouncil Member Polly Low made a motion, seconded by Comm issionerlCouncil Member Sandra Armenta to approve Commission Consent Calendar. Vote resulted in: Yes: Armenta, Clark, Low, Ly No: Taylor Abstain: None Absent: None City Attorney Joseph Montes asked that City Council recess to Closed Session regarding the listed items and noted that Item B referencing the City's negotiator should be changed to Jeff Allred. 4. CLOSED SESSION A. Conference with Legal Counsel 1) Government Code 54956.9(c): Initiation of Litigation (2 matter) 2) Government Code 54956.9(a): NRDC v. County of Los Angeles, Case No. 08-1467 AHM (PLAx) B. Conference with Labor Negotiator Government Code Section 54957.6; Class and Compensation Negotiator for the City: Matthew E. Hawkesworth Employee Unit: Rosemead Employee Association City Attorney Joseph Montes announced that Council would be going into closed session to discuss the items listed with one correction; under "negotiator for the City" it should state City Manager Jeff Allred. City Council recessed to Closed Session at 6:23 p.m. Rosemead Community Development Commission and City Council Joint Meeting Minutes of February 9, 2010 Page 5 of 17 Council reconvened back from closed session at 7:00 p.m. City Attorney Joseph Montes announced that the City Council would have to reconvene back to Closed Session after the regular meeting because they had not concluded the Closed Session. The regular meeting of the Rosemead City Council was called to order by Mayor Clark at 7:00 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. FLAG SALUTE: Mayor Clark INVOCATION: Mayor Pro Tem Taylor PRESENT: Mayor Clark, Mayor Pro Tem Taylor, Council Member Armenta, Council Member Low, and Council Member Ly. STAFF PRESENT: City Manager Allred, Assistant City Manager Hawkesworth, City Attorney Montes, Community Development Director Wong, Director of Finance Brisco, Director of Parks and Recreation Montgomery-Scott, Economic Development Administrator Ramirez, Deputy Public Works Director Marcarello, and City Clerk Molleda 5. PRESENTATIONS • EDI Media Recognition for a Successful Lunar New Year Event Mayor Clark presented a certificate of recognition to Jack Chao for his support during the Lunar New Year event festival. Mrs. Clark also apologized for not attending the event and explained that she planned to attend the event however, since it had been rescheduled, she had made previous plans to be out of town on the newly rescheduled date. Council Member Polly Low thanked EDI and their staff for helping the City of Rosemead put together the first annual Lunar New Year festival, which was very successful. Mrs. Low stated that a lot of residents and neighboring residents enjoyed the event and the performances and thanked EDI once again for partnering with the City. Council Member Sandra Armenta thanked Mr. Chao and stated there was a great turnout from Rosemead residents and neighboring residents. Mrs. Armenta added that it was great participating in the first annual Rosemead Lunar New Year event. Jack Chao thanked the City Council and stated that this could not been done without their support. Mr. Chao thanked City Manager Jeff Allred, Chief of Police Tim Murakami, and Parks and Recreation Director David Montgomery-Scott for all their help and support. Mayor Margaret Clark announced that item 9C would be moved up on the agenda for discussion. Rosemead Community Development Commission and City Council Joint Meeting Minutes of February 9, 2010 Page 6 of 17 C. Dinsmoor Heritage House Preservation Plan With City Council authorization, Rosemead entered into an agreement, in February 2009, with Historic Resources Group for the development of a Preservation Plan for the Dinsmoor House. The purpose of the report is as follows: • Document character-defining features and current conditions of the property; • Summarize the significance and history of the Dinsmoor House; • Make recommendations for its eventual rehabilitation and preservation; and • Creation of as-built drawings. Recommendation: That the City Council receive and file the Dinsmoor House Preservation Plan and direct staff to include renovations and repairs of the museum as part of the 15-year Capital Improvement Plan being developed in conjunction with the City's Parks, Recreation and General Facilities Master Plan. Director of Parks and Recreation David Montgomery-Scoff reviewed the staff report. Linda Jones - Director of the Dinsmoor Heritage Cultural Museum stated seven years ago, they formed a non-profit organization to bring awareness to the Dinsmoor House history and the jewel that is in the community. Ms. Jones stated that once inside the house, it's like stepping back in time, which has become a resource for school children to see what life was like when Rosemead was in its infancy. There is an opportunity to restore the house and make it available for future generations. Ed Jones - stated that he grew up near the Dinsmoor House when he was with the boy-scouts. Also, talked about the previous restorations done to the house but would like to see the City assist with the up keep. Julie Gentry - has lived in Rosemead since 1983 and heard about the Dinsmoor House in 2002 while participating in a Chamber of Commerce activity. She reiterated that they all love the house and hopes to see it repaired as soon as possible. Added, that in all the plans to beautify Rosemead, Ms. Gentry felt the Dinsmoor House should be an important part of the process. She wrote a letter to the Council in December of 2009, stating the front of house is deteriorating more and more today. Jean Hall - stated that she was fortunate to grow up in a historical house, which is near by Staple Center. Ms. Hall reiterated that in every special place, in every group of people, in time has always held onto something that has described that amazing time in history. Thanked Council and staff for their support, and added that her concern is the rehabilitation and preservation plans. Also, that the longer it takes to fix the house, the faster it will be forgotten and the community will lose interest. Council MemberArmenta stated that she was fortunate to attend the house when she was in elementary and that is what sparked her love for Rosemead. Ms. Armenta added that the City needs to preserve it because it is our heritage. Council Member Ly stated the report was a joy to read because it talked a little about Rosemead's history and it needs to be safe guarded and protected. As Rosemead continues to grow with time, the City cannot forget where our history is and that is what the Dinsmoor House represents. Rosemead Community Development Commission and City Council Joint Meeting Minutes of February 9, 2010 Page 7 of 17 Council Member Low agreed that it is important to preserve the past. However, she has received many calls from residents concerned about the price of restoring the house. Ms. Low suggested that maybe we can fundraise to help fix it. Mayor Clark inquired if some of the work such as painting may be done by volunteers? And if so, how soon could that be done? Director of Parks and Recreation David Montgomery-Scott replied it was certainly possible to get volunteers. However, in order to paint the exterior or interior, according to the plans, there is concern with damage within the walls. There are two ways to approach it, which is to rip a wall and see what is behind it, which is never recommended on a historical house or there is probing. Mayor Clark asked if the house acquired more damage from the current rain or has it been taken care of. Director of Parks and Recreation David Montgomery-Scott replied no, because none of the issues have been dealt with before and it is possible that increased damage has occurred. The consultant has itemized things it the Council would like to do in phase 1, and take a look at the walls first. Council Member Low stated that it would be a good idea to get the community involve so they are apart of the restoration process. Mayor Pro Tem Taylor inquired on the cost of the restoration and asked if the Dinsmoor House director received a report yet; Council had just received it from staff. Director of Parks and Recreation David Montgomery-Scott explained that once the report is received and filed by Council, then staff is authorize to release the report. Mayor Pro Tem Taylor reiterated that the cost of the project is about, $514,000 or an alternative cost of $368,000 and both of the choices do not recommend the $72,000 fire sprinklers system to be put in; we are looking at almost $600 thousand dollars. Mr. Taylor asked for these issues to be addressed on the agenda for the next meeting. Mr. Taylor has noticed the Dinsmoor House porch is raised up and you can see the deterioration and rot of the post and would like the post replaced and the two beams up above. Ms. Jones stated their non-profit organization would be happy to pay for the repair, but hopes that the City Council considers the restoration of the house; in addition, there are grant monies available and unfortunately they are unable to apply for grant money because they do not have a business agreement or an official agreement between their non-profit agency and the owner of the house, which is the City. Mayor Pro Tern Taylor asked what legal right the non-profit organization has to repair that post. Ms. Jones replied that they do not, they would ask for the city's permission if they provide the money for that. Mayor Pro Tern Taylor asked to officially do this; staff would have to bring this issue back to the next meeting. Mayor Clark asked staff to look into what kind of business agreement the Dinsmoor House organization needs to apply for grants. Rosemead Community Development Commission and City Council Joint Meeting Minutes of February 9, 2010 Page 8 of 17 Ms. Jones clarified that their organization in the past submitted a plan to get an agreement with the city. Also, added that they can seek what is needed with other businesses in the city and volunteers to help restore the house. Mayor Pro Tem Taylor appreciates what Ms. Jones is proposing, but there are other problems such as the insurance problems and liability problems. The City has to make sure they approve what the organization is doing to avoid a lawsuit if something happens. Council Member Ly stated there are other conditions that must be met in order to keep the property historic. Council Member Ly made a motion, second by Mayor Pro Tern Taylor to receive and file the Dinsmoor House Preservation Plan and direct staff to include renovations and repairs of the museum as part of the 15-year Capital Improvement Plan being developed in conjunction with the City's Parks, Recreation and General Facilities Master Plan. Vote resulted in: Yes: Armenta, Clark, Ly, Taylor No: None Abstain: Low Absent: None 6. PUBLIC COMMENT FROM THE AUDIENCE None 7. PUBLIC HEARING A. Public Hearing on the Five Year Consolidated Plan and Fiscal Year 2010.11 Annual Action Plan Submission The City Council will receive citizen input which will be used to develop a Five Year Consolidated Plan and an Annual Plan for the upcoming 2010-11 Fiscal Year for the use of federal grant funds. The City of Rosemead is a federal entitlement grant recipient of Community Development Block Grant and HOME Investment Partnership funds from the U.S. Department of Housing and Urban Development (HUD). As part of the process to receive funding, the City must undertake development of a Consolidated Plan every five (5) years and an Action Plan must be completed annually. The City's current Consolidated Plan is set to expire on June 30, 2010. The Consolidated Plan is required to include an Annual Action Plan for the Fiscal Year period July 1, 2010 through June 30, 2011. The Action Plan will include a list of the activities the City will undertake to address priority needs and local objectives with anticipated program income and funds received during the next program year for meeting housing and community development objectives. Rosemead Community Development Commission and City Council Joint Meeting Minutes of February 9, 2010 Page 9 of 17 Recommendation: That the City Council conduct a public hearing and receive citizen input on the use of federal grant funds for the development of an updated Five-Year Consolidated Plan covering the period July 1, 2010 - June 30, 2015 and Annual Action Plan covering the period of July 1, 2010 - June 30, 2011. No further City Council action is necessary at this time. Economic Development Administrator Ramirez - reviewed the staff report Mayor Clark opened the public hearing at 7:21 p.m Frances Espinoza, Executive Director of Housing Rights Center talked about the partnership with the city that they've had for 15 years. They provide fair housing under the CDBG funds and prepared a presentation of descriptions of services that are provided to residents. Mayor Clark asked Ms. Espinoza if the Housing Right Center has also spoken to residents of the mobile homes that have their rents raised. Ms. Espinoza replied they have spoken to mobile home residents in the past. Ms. Espinoza continues with her presentation and reiterated that the city has funded the housing rights center for the past 15 years and hopes the city will continue to provide this important program to residents. Mayor Clark questioned the section of race and why did it say White, Asian and other? Ms. Espinoza explained that technically "hispanic" is not considered a race, it's an "ethnicity" and that is why it is under "other" for race. Council MemberArmenta stated that it is usually under White. Ms. Espinoza explained that when people call and are asked what race they are, sometimes they say Hispanic or a combination of Native American or White; however, some do say White or other. Depending how the client self identifies, the center tracks the client that way. John Lovato, Director of Educational Services for the Rosemead School District. Thanked Council for funding the block grant to the Rosemead School District since 1996. There are many programs that have helped and serviced over 1,700 families. Isaac Gonzalez, Assistant Principal at Rosemead High School stated that they have received money from CDBG since 2005 and their program offers academic and career goals to students. Mr. Gonzalez stated that their program is able to provide counseling services academically and kids at risk to achieve better in high school. Jude Olivia expressed appreciation for the support of the City. Their non-profit organization, Legends of Character, caters to youth and student athletes in the community in Rosemead. Zeke Prado, Co-founder of Legends of Character, talked about what they have been doing and stated that three students are ready to graduate from a 4-year college; and nine have receive athletic scholarships. Rosemead Community Development Commission and City Council Joint Meeting Minutes of February 9, 2010 Page 10 of 17 Representative of Family Counseling Center passed out a hand out of information and thanked Council for their support. Holly Knapp, representing People for People stated they have over four hundred people a month attending their food bank. They have been working with Albertson's market getting food from them, are sharing with other organizations as well. People for People appreciate the funding that the city has been able to provide with the CDBG grants for the past ten years. People for People want to get together with other organizations in helping Haiti to give them food that is in excess in their storage. Mayor Clark closed the public hearing at 8:03 pm. Economic Development Administrator Ramirez explained that the next step would be a staff-endorsed project for council's review and approval and there will be one more public hearing adopting the five year consolidated plan and action plan. City Manager Allred clarified there is no action required tonight 8. CITY COUNCIL CONSENT CALENDAR A. Minutes November 17, 2009 - Regular Meeting Minutes of November 17, 2010 were deferred to next meeting. B. Claims and Demands Resolution No. 2010 -15 Recommendation: Adopt Resolution No. 2010-15, for payment of City expenditures in the amount of $1,198,675.78 numbered 100700 through 100726 and 68671 and 68823, inclusively. C. Resolution No. 2010-05 Authorizing the Recordation of the Irrevocable Offer of Dedication for those Portions of L.A. County Assessors Parcel No. 5285.002.026 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 2706 Lindy 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. 2009-70, authorizing the City Engineer to execute and record the irrevocable offer of dedication for L.A. County Rosemead Community Development Commission and City Council Joint Meeting Minutes of February 9, 2010 Page 11 of 17 Assessor Parcel No. 5285-002-026. D. 2009 Justice Assistance Grant Program Application The City has received notification from the U.S. Department of Justice that Rosemead is expected to receive $28,004.66 from the 2009 Edward Byrne Memorial Justice Assistance Grant (JAG). These funds allow states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system. Recommendation: That the City Council authorize the City Manager to sign the Memorandum of Understanding (MOU) and all other required contracts and certifications in order to participate in the 2009 Justice Assistance Grant Program. Mayor Pro Tern Gary Taylor made a motion, seconded by Council Member Steven Ly to approve the Consent Calendar EXCEPT for Minutes of the November 17th City Council meeting. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None 9. MATTERS FROM CITY MANAGER & STAFF A. Tolling Agreement with County of Los Angeles The City Council will consider approval of an agreement with the County to avoid litigation at this time. Last year, the County of Los Angeles presented a claim to the City seeking indemnification and contribution from the City should the County be found liable in the case filed against the County by the National Resources Defense Council (NRDC) and the Santa Monica Baykeeper under the Clean Water Act (and related statutes) for stormwater quality violations. The County filed similar claims against approximately 58 other cities, as well as a number of other public entities. Recommendation: That the City Council approve the proposed tolling agreement and authorize the Mayor to execute the agreement on behalf of the City. City Attorney Montes stated that the Tolling Agreement was presented to the City from the County. They are involved in a defense of an action brought by the National Resources Defense Council, involving certain violations of the clean water act. The County believes that ultimately all the cities may need to participate in the litigation. Mr. Montes explained, that at this time rather than drag all the cities into the litigation, the County is asking if the City is willing to sign a Tolling Agreement indicating that the statutes of limitations to bring the City in will be deferred until such time; when it makes more sense for the City to get involved. Mr. Montes' office is recommending that the City execute the Tolling Agreement, simply because it will avoid the Rosemead Community Development Commission and City Council Joint Meeting Minutes of February 9, 2010 Page 12 of 17 cost of incurring any additional cost at this point in time with respect to the litigation and depending on how that litigation goes with the County, the City may avoid any cost at all. Council Member Ly made a motion, seconded by Council Member Low to approve the Tolling Agreement with the County of Los Angeles. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None B. Request for Parking Improvements along Earle Avenue and Mission Drive The Traffic Commission has reviewed parking conditions along Earle Avenue and Delta Avenue, adjacent to Mission Drive. A resident in this neighborhood expressed concerns regarding parking availability due to traffic associated with the nearby retirement communities. After visiting this site, it was recommended that marked parallel parking "T's" be installed along Earle Avenue and Delta Avenue to help delineate parking locations in the public right-of-way. Recommendation: That the City Council approve the Traffic Commission's recommendation and authorize staff to take necessary steps to implement parking improvements along Earle Avenue and Delta Avenue adjacent to Mission Drive. Deputy Public Works Director Marcarello reviewed the staff report. Mayor Pro Tem Taylor stated that there are five different alternatives, and felt the city was going to lose either way. Mr. Taylor stated that the city could not fix the whole problem because of the parking on the street; the accusation is that the mission facility is what is causing the problem. Resident's complaints were that parked cars were partially blocking their driveways. Council Member Ly made a motion, second by Council Member Armenta to approve the Traffic Commission's recommendation and authorize staff to implement parking improvements along Earle Avenue and Delta Avenue adjacent to Mission Drive. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None D. Rosemead Public Safety Connections The City Council will consider the creation of a community-based forum, known as Rosemead Public Safety Connections, to facilitate enhanced community involvement in the efforts to prevent crime and combat the influence and effects of alcohol and drugs. This initiative is the result of the Strategic Plan goal to: "Enhance public safety and quality of life", as well as Strategy 8 to: "Take proactive measures to prevent crime, promote safety, and Rosemead Community Development Commission and City Council Joint Meeting Minutes of February 9, 2010 Page 13 of 17 improve public perceptions of Rosemead". Rosemead Public Safety Connections will be chaired by a member of the City Council and will be comprised of interested citizens and community-based organizations who share the City's commitment to preventing crime and combating alcohol and drug abuse. Rosemead's Chief of Police will have primary and lead responsibility for coordinating the forum with assistance provided by representatives of the Public Safety Department, the Parks and Recreation Department and the City Manager's Office. Recommendation: That the City Council approve the Rosemead Public Safety Connections policy statement and designate a member of the City Council to serve as Chair for a term of one year. Chief of Police Lt. Murakami reviewed the staff report. Council Member Low stated she sent an email to City Manager Allred regarding some car thefts, two of which Ms. Low was told personally that happened in Rosemead. She brought it up to Lt. Murakami and wishes to be part of the committee. Ms. Low stated she wants to be involved and understands more about the nature of the crimes. Lt. Murakami continued, that the Wednesday monthly meetings at the Public Safety Center involve block captains and general community leaders on how to take care of themselves. The Public Safety Committee will involve different entities within the community and trying to get everyone on the same page and sharing resources. For example, Garvey Intermediate School is having a youth summit and staff will be going to teach a class on cyber bullying and sexting and our goal is to reduce crime. Mayor Pro Tem Taylor asked if there will be overlapping of the two programs. Lt Murakami replied yes there will be, because he will be teaching this subject this month to the kids and next month to the parents; but the general overall goal is a little different. Mayor Pro Tem Taylor asked if the Public Safety Center is big enough for this program. Lt Murakami replied yes, it is big enough. Council Member Ly expressed that it's a very good idea to bring together the community to talk about the root of the crime and the problems. Council Member Armenta stated she is very interested in serving in the committee as well. City Manager Allred stated that the City of Norco, has a Chair and a Vice-Chair and rotate seats every year. Council Member Ly made a motion, second by Council Member Armenta to approve the formation of a committee through the policy statement. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Rosemead Community Development Commission and City Council Joint Meeting Minutes of February 9, 2010 Page 14 of 17 Absent: None 10. MATTERS FROM MAYOR & CITY COUNCIL Council Member Ly clarified that Target is making some tentative improvements to expand their grocery department. They will be incorporating fresh produce such as fresh meats, and baking goods. This is very good for the community to access groceries. Also, Mr. Ly reiterated that he has been waiting for Southern California Edison information regarding, getting access to certain lands that would help increase our green space. He hopes that they are working with staff and working with Parks and Recreation in terms of increasing green space. Mayor Pro Tern Taylor asked who owns the property on the north end of Edison, down on the northeast corner near a mini park. Director of Parks and Recreation David Montgomery-Scott stated that would be Klingerman Park which are two parcels; one parcel is owned by Edison and the other is owned by the City of Monterey Park that has the water well. Council Member Ly suggested that one of the areas that he has looked at was the corner of Walnut Grove and Rush and the other one is on Hellman and Stallo. City Manager Allred stated that it was Hellman and Stallo that staff has been trying to ask Edison to declare that property as surplus property so the City could acquire it. Then it could be a nice park, if you had the parcel on Hellman and Stallo you could put picnic structures. Mayor Pro Tern Taylor asked staff how the City will get an answer from Edison. City Manager Allred stated that Mr. Montgomery-Scott has met with Mr. Orduno from Edison, who is going through the bureaucracy that they have at Edison and the City should hear from them by March. Council Member Ly stated that staff did explain to him the situation, but is frustrated that staff has gone through the normal channels; and the normal channels have no longer responded in adequate fashion to staff. Director of Parks and Recreation David Montgomery-Scott reiterated that staff should have a response on the surplus properties and potential activities in other corridor parcels soon. Mayor Pro Tem Taylor asked what about the other three properties in San Gabriel Boulevard. Director of Parks and Recreation David Montgomery-Scott explained that there is a third party involved, the Rivers, Mountains, Conservancy. They were banking some State grant funding that has been withheld from some time and those funds are slowly being released. Mayor Clark stated she serves on that board and they administer grants for conservation of land. Director of Parks and Recreation David Montgomery-Scott stated that those funds were awarded to the City by the RMC; and staff anticipates a 30 year lease agreement, which the property would be ours for all Rosemead Community Development Commission and City Council Joint Meeting Minutes of February 9, 2010 Page 15 of 17 practical uses for 30 years. Mayor Pro Tem Taylor asked for updates on Mr. Nunez unemployment benefits. Assistant City Manager Hawkesworth explained that he received a called from Employment Development Department and they informed him that they should be making a determination soon and will send a letter to the city. Also, he received a phone call from Mr. Henry Lo, from the Senator's office stating that if the letter sent by EDD is not favorable to the City, they will set up a meeting between city staff and EDD officials to further discuss this, depending on the outcome of this letter. Staff will provide the letter once it is received by EDD. Mayor Pro Tem Taylor asked for staff to make a memo on what was described to Council at the meeting to keep a record. Mayor Clark clarified that Senator Romero and the City sent a letter to Employment Development Division saying the City should have a refund; they dropped the ball for not reading their own code. Council Member Armenta asked how is the tree removal on Olney Street coming along because she still sees a tree that was deemed structurally damaged that it is still standing. Deputy Public Works Director Marcarello explained the contractor has been going to Olney Street removing most of the trees. Some neighbors did not want to move their cars so the contractor has been moving along as best as they can to mitigate the safety issues. Then there were some claims the city was dealing with related issues to some of the damages caused by fallen trees. Mayor Pro Tem Taylor stated that there are three trees and asked if those were red tagged? How do they know what to cut? Deputy Public Works Director Marcarello replied the arborist counted nine trees and the city's Arborist Mr. Scott, mark on the trees that are to be removed. So now it's the process of the tree contractor to go from tree to tree and cut them out. Mayor Pro Tem Taylor stated there are only three trees and it's on the north side of the street with long branches and the other two are small but they are the same species of tree; the trees are a potential hazard and their root system is pushing out to the top of the curb. We need to remove all three of them. Mr. Taylor asked what was the damage to the house. Council Member Armenta stated she was there and the tree branch landed on the fence and the porch. The tree barred anyone coming through the front door. City Manager Allred described that it was a chain link fence that got squashed; staff went out there and put it back up. Mayor Clark announced that Council would re-adjourn to closed session at 8:33 pm. City Council reconvened back from closed session at 9:45 pm. City attorney Montes announced that Council took action and designated City Manager Jeff Allred as the negotiator between the City and Rosemead Rosemead Community Development Commission and City Council Joint Meeting Minutes of February 9, 2010 Page 16 of 17 Employee Association. 11. ADJOURNMENT The meeting adjourned at 9:46 pm. The next joint Community Development Commission and City Council meeting is scheduled to take place on February 23, 2010 at 6:00 p.m. and 7:00 p.m., respectively. Gary T or Mayo ATTEST: Gloria Molleda City Clerk Rosemead Community Development Commission and City Council Joint Meeting Minutes of February 9, 2010 Page 17 of 17 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) I, Gloria Molleda, City Clerk for the City of Rosemead, do hereby certify that the minutes of February 9, 2010 were duly and regularly approved by the Rosemead City Council on the 13th of April, 2010, by the following vote to wit: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None Gloria Molleda City Clerk