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CC - Minutes - 11-08-11Minutes of the Community Development Commission and City Council Regular Meeting November 8, 2011 The regular meeting of the Rosemead Community Development Commission and City Council was called to order by Mayor Ly at 6:02 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. FLAG SALUTE: Commissioner /Council Member Low INVOCATION: Chair /Mayor Ly PRESENT: Chair/ Mayor Ly, Vice - Chair/ Mayor Pro Tern Armenta, Commissioner/ Council Members Alarcon, Clark and Low STAFF PRESENT: City Manager Allred, City Attorney Richman, Assistant City Manager Hawkesworth, Community Development Director Wong, Economic Development Manager Ramirez, and City Clerk Molleda 1. ORDINANCES READ BY TITLE ONLY State law requires that all ordinances be read in full prior to the City Council /Agency Board taking action; however, by motion, unanimously adopted, the City Attorney can be instructed to read all ordinances by title only. Recommendation: That the City Attorney be instructed to read all ordinances which appear on this agenda by title only, and that further reading be waived. Vice-Chair/Mayor Pro Tem Sandra Armenta made a motion, seconded by Commissioner /Council Member Polly Low to approved ordinances by title only. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None 2. PUBLIC COMMENTS FROM THE AUDIENCE -None 3. COMMISSION CONSENT CALENDAR A. Claims and Demands • Resolution No. 2011— 35 Rosemead Community Development Commission and City Council Joint Meeting Minutes of November 8, 2011 Page 1 of 9 Recommendation: to approve Resolution No. 2011 —35, entitled: A RESOLUTION OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $319,519.25 DEMAND NOS. 11620 THROUGH 11641 Commissioner /Council Member Polly Low made a motion, seconded by Vice-Chair/Mayor Pro Tern Sandra Armenta to approve the Commission Consent Calendar. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None 4. CLOSED SESSION A. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9 (a): 1. Evanston Insurance v. Rehab Financial, City of Rosemead et al. LASC Case No. CGC 10- 501558 Chair /Mayor Ly recessed the Joint Community Development Commission /City Council Meeting at 6:04 p.m. Rosemead Community Development Commission and City Council Joint Meeting Minutes of November 8, 2011 Page 2 of 9 Minutes of the City Council Meeting November 8, 2011 The regular meeting of the Rosemead City Council was called to order by Mayor Ly at 7:02 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. FLAG SALUTE: Council Member Low INVOCATION: Mayor Ly PRESENT: Mayor Ly, Mayor Pro Tern Armenta, Council Members Alarcon, Clark and Low STAFF PRESENT: City Manager Allred, City Attorney Richman, Assistant City Manager Hawkesworth, Community Development Director Wong, Director of Finance Bdsco, Director of Parks and Recreation Montgomery- Scott, Economic Development Manager Ramirez, Public Works Director Marcarello, and City Clerk Molleda City Attorney Richman announced there was no reportable action taken during closed session. 5. PUBLIC COMMENTS FROM THE AUDIENCE Min Hsien Wang - representative of Chamber of Commerce invited City Council and the public to their Wild, Wild West Casino Night event at Almansor Court on November 18th. 6. PRESENTATION A. Certificate of Recognition for Daniel Deng City Council presented Daniel Deng a certificate of recognition for his active involvement in the community as past President of the Asian Youth Center, legal counsel to the Chamber of Commerce and Secretary to the Rosemead Keelung, Taiwan Sister City Committee. Mr. Daniel Denq - thanked the Council for the recognition and introduced Ms. Michelle Freridge, who is the active Interim Director for the Asian Youth Center. Ms. Freridge - explained the center offers S.A.T preparation programs, parenting programs, and many other programs that are offered to families in the community at the Asian Youth Center. Council Member Clark expressed gratitude to the Asian Youth Center and stated it was left in good care. Rosemead Community Development Commission and City Council Joint Meeting Minutes of November 8, 2011 Page 3 of 9 7. CITY COUNCIL CONSENT CALENDAR A. Claims and Demands • Resolution. No. 2011— 58 Recommendation: to approve Resolution No. 2011 — 58 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,284,231.51 NUMBERED 75229 THROUGH 75384 INCLUSIVELY B. The United States Conference of Mayors -- January 18th — 20th -- Washington, DC The City Council will consider authorization to attend the United States Conference of Mayors, which will take place in Washington, DC. Recommendation: That the City Council authorize the attendance, at City expense, of any Council Member that wishes to attend. Council Member Clark asked to amend staff's recommendation to state that City Council authorizes the Mayor to attend the conference and not "any Council Member" given that the conference is targeted to City Mayors only. Motion carried with the change. C. Professional Consulting Agreement with Government Solutions Associates, Inc. for Assistance with Land Use Planning and Economic Development Projects The City Council will consider approval of a consulting agreement with Government Solutions Associates, Inc. for assistance on land use planning and economic development projects. Under this agreement the consultant will serve in an advisory capacity to the Acting Community Development Director, City Manager and City Council up to a maximum of 75 hours per month. Recommendation: That the City Council approve an agreement with Government Solutions Associates, Inc. for land use planning and economic development consulting services. D. Adopting of CalPERS Resolution to fix the City's Contribution to CaIPERS under Public Employees Medical and Hospital Care Act The City presently contracts with CaIPERS to provide medical benefits for current and retired employees under the Public Employees Medical and Hospital Care Act ( "PEMHCA "). To participate in PEMHCA, the City adopted Resolution No. 2001 -20 in July 2001, In 2007, the City negotiated and obtained agreement with employees to change its practices in terms of amounts allocated to current and retired employees; however, the City did not amend its Rosemead Community Development Commission and City Council Joint Meeting Minutes of November 8, 2011 Page 4 of 9 PEMHCA resolution at that time. By taking action to amend its PEMHCA resolution, the City will achieve consistency with its employee agreements and related current practices. Recommendation: That the City Council approve Resolution No. 2011 -59, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, FIXING THE CITY'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES MEDICAL AND HOSPITAL CARE ACT Mayor Pro Tem Sandra Armenta made a motion, seconded by Council Member Polly Low to approve Consent Calendar with the stated amendment to item 7B. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None 8. MATTERS FROM CITY MANAGER & STAFF A. Request for Proposal Document to Provide Solid Waste /Recycling Services On October 11, 2011, the City Council reviewed and provided input on specifications and a Request for Proposal (RFP) process for a new solid waste /recycling services agreement. The City's current agreement for solid waste /recycling collection services will expire on August 1, 2013. The scope of work includes providing solid waste and recycling services for all residential and commercial properties in the City. Requested changes by the City Council have been incorporated into the RFP document. Recommendation: That the City Council approve the RFP documents and direct staff to solicit proposals for solid waste /recycling services. City Manager Allred reviewed the staff report. Council Member William Alarcon made a motion, seconded by Mayor Pro Tern Sandra Armenta to approve the Request for Proposal documents to solicit solid waste and recycling services. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None Rosemead Community Development Commission and City Council Joint Meeting Minutes of November 8, 2011 Page 5 of 9 B. Draft Graffiti Ordinance The City Council will review and discuss a Draft Graffiti Ordinance recommended by the Rosemead Public Safety CONNECTIONS forum. Major features in the Draft Ordinance are provisions that would hold a minor as well as a minor's parents or legal guardians financially liable for the costs for graffiti abatement and all related costs incurred by the City. Recommendation: That the City Council direct that this Ordinance be scheduled for public hearing and introduction for adoption at the December 13, 2011 City Council meeting. City Manager Allred reviewed the staff report. Brian Lewin — supports the proposed graffiti ordinance, however expressed concern regarding the verbiage on Item C indicating that one must be over the age of 18 years of age to purchase common writing items, such as, a chisel point marker or highlighter and stated this might directly affect high school students. He suggested that the wording state, "permanent ink writing instruments" to clarify so that someone did not need to be 18 years old to buy a highlighter. City Manager Allred stated that the phrase could be use and, "permanent instrument having a prose point" could be added for clarification. Council Member Low asked that Lieutenant Murakami help with the language of what types of instruments are being utilized when graffiti is encountered. Mr. Lewin — suggested that the ordinance also including private property or vehicles. He added that there are trucks parked around various areas of the City that are covered with graffiti and look horrible. Mayor Ly clarified that the ordinance would read, "it is unlawful for the owner of any private property or vehicle to permit graffiti or other inscribe material to remain....." City Attorney Rachel Richman stated that language would be included. Mr. Lewin — asked how the City would place liens on rental properties to residents for graffiti damages. City Manager Allred stated that Section 5 of the ordinance addresses those issues. City Attorney Richman explained that Section 4 (C) would hold a person liable, which means the City, may pursue all available legal remedies against a parent or legal guardian to satisfy any judgment or recovery in owed amounts. Mr. Lewin — asked if the City would notify the residents and business owners regarding the proposed ordinance. City Manager Allred stated that the City would distribute the ordinance to residents and business owners once the ordinance is adopted by the City Council in January. Rosemead Community Development Commission and City Council Joint Meeting Minutes of November 8, 2011 Page 6 of 9 Mayor Pro Tem Armenta commented that the City will also contact the school districts to help notify parents about the graffiti ordinance being adopted. City Attorney Richman clarified to Council that the ordinance was not in first reading, the action calls for direction on the ordinance. Council Member Polly Low made a motion, seconded by Mayor Pro Tem Sandra Armenta to schedule a public hearing and introduction for first hearing of the graffiti ordinance. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None 9. MATTERS FROM MAYOR & CITY COUNCIL A. San Gabriel Valley Mosquito & Vector Control District Term Appointment The City recently received a letter stating that the term of office for the representative from the City of Rosemead to the Board of Trustees for the San Gabriel Valley Mosquito and Vector Control District ends on December 31, 2011. The Board of Trustees is respectively requesting that the City Council appoint a representative to the Board prior to its January 13, 2012 meeting. Per the California Health and Safety Code Section 2024 (a) the term of office for a member of the board of trustees shall be for a term of two or four years, at the discretion of the appointing authority. Recommendation: That the City Council appoint a representative from the City of Rosemead to the Board of Trustees for the San Gabriel Valley Mosquito and Vector Control District. Mayor Ly stated that Mr. Bob Bruesch, Council Member Margaret Clark and Council Member William Alarcon were all interested in serving in the Board of Trustees for the San Gabriel Valley Mosquito and Vector Control District. He added that Council Member Clark distributed a letter to all Council Members on the history of the vacant seat and a candidate may be appointed for a two year term or four year term. Council Member Low suggested a two year term be set. Council Member Polly Low made a motion, seconded by Mayor Pro Tem Sandra Armenta to set a two year term on the Board of Trustees for the San Gabriel Valley Mosquito and Vector Control District. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Rosemead Community Development Commission and City Council Joint Meeting Minutes of November 8, 2011 Page 7 of 9 Abstain: None Absent: None Mayor Pro Tom Armenta stated that Mr. Bruesch was one of the founders of the organization in the district; he was a Council Member at that time. She commented that during that time no other Council Member had desired to be on the board; however two current Council Members were interested to represent Rosemead and a current Council Member should sit on the board. Council Member Clark stated that she was elected by a previous Council and Mr. Bruesch refused to step down from the Board. She added that she was interested in the issues of the Mosquito and Vector Control because of her experience with water quality control issues. Mrs. Clark expressed concern with the West Nile Virus issue and stated she would like to bring more awareness to the Rosemead residents. Council Member Alarcon stated he was interested in serving on the board because of his engineering experience and added that it would give him a chance to get more involved and bring awareness to the Rosemead community. Council Member Low nominated Council Member Alarcon to the Board of Trustees. Mayor Pro Tem Armenta nominated Council Member Clark to the Board of Trustees. Mayor Ly nominated Council Member Alarcon to the Board of Trustees. Council Member Polly Low made a motion, seconded by Mayor Steven Ly to appoint Council Member William Alarcon to a two year term to the Board of Trustees for the San Gabriel Valley Mosquito and Vector Control District. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None Council's Comments: Mayor Pro Tem Armenta shared with the audience and Council that through her childhood while growing up in Rosemead she remembers the Christmas House on Muscatel Avenue and receiving candy and toys from the Spadero Family. She stated that recently she had been approached by a resident name Mrs. Beverly Thomson wishing to give back to the community and give back to Mr. Spadero, owner of the Christmas House. In recent past years Mr. Spadero has not been able to decorate his home. Ms. Armenta and some residents are asking for donations to decorate the home because Mr. Spadero has been decorating since 1964 and giving toys to children that would otherwise go without. She invited anybody wishing to help to attend their next meeting scheduled for November 13th. Rosemead Community Development Commission and City Council Joint Meeting Minutes of November 8, 2011 Page 8 of 9 Council Member Low stated that the City needs to be more business friendly and suggested that the City look into its process and make needed changes to encourage businesses to come in to the City. Also, asked staff to compile a list of active contracts of the City to review and reconsider which contracts should go out to rebid for services. Council Member Clark asked to adjourn the City Council meeting in memory of Tom Kuhatsu, a teacher at Shuey Elementary School. Mayor Ly announced an upcoming strategic plan meeting scheduled for November 15th and a Coffee meeting, which he will be hosting on December 8th. He reiterated that the December Coffee Meeting will encourage residents to give feedback on the strategic plan. Mr. Ly also agreed with Council Member Low's comments regarding economic development and the City's business permit process and inquired about home base businesses. City Manager Allred stated that staff is working on a zoning code update and the home base businesses issue will be included. Mayor Ly announced that there will be a Christmas Tree Lighting Ceremony on December 1st and Breakfast with Santa on December 3rd. 10. ADJOURNMENT The meeting adjourned at in honor of Tom Kuhatsu at 7:41 p.m. There is a Strategic Plan Workshop special meeting scheduled to take place on November 15, 2011 at 5:30 p.m. The November 22, 2011 regular City Council and Community Development joint meeting has been cancelled due to the upcoming holiday schedule. IN Mayor Steven Ly ATTEST: f M0 1 Gloria Molleda, City Clerk Rosemead Community Development Commission and City Council Joint Meeting Minutes of November 8, 2011 Page 9 of 9 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) I, Gloria Molleda, City Clerk for the Rosemead City, do hereby certify that the minutes from November 8, 2011, were duly and regularly approved and adopted by the Rosemead City Council on the 13th of December 2011, by the following vote to wit: Yes: Alarcon, Armenta, Clark, Low, Ly, No: None Abstain: None Absent: None C 9 (-" "0ft' -- b/1L oria Molleda City Clerk