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CC - Minutes - 05-08-12Minutes of the City Council Meeting May 8, 2012 The regular meeting of the Rosemead City Council was called to order by Mayor Armenta at 7:00 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE: Mayor Armenta INVOCATION: Mayor Pro Tern Low PRESENT: Mayor Armenta, Mayor Pro Tern Low, Council Members Alarcon, Clark, and Ly STAFF PRESENT: City Manager Allred, City Attorney Richman, Assistant City Manager Hawkesworth, Community Development Director Ramirez, Director of Finance Brisco, Director of Parks and Recreation Montgomery- Scott, Public Works Director Marcarello, 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 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. Council Member Steven Ly made a motion, seconded by Mayor Pro Tern Polly Low, to approve 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 Velia Navarro — expressed concern regarding speeding vehicles on Bartlette Avenue and Marshall Avenue. She stated that her daughter's car was rear ended by a speeding vehicle. Mrs. Navarro explained that neighbors commented that there are a lot of problems with speeding vehicles on that street and near Janson Elementary. Mrs. Navarro added that residents told her the City Council refused to put flashing signals or slow bumps on that street. She asked Council to consider assisting the community on these safety issues. City Manager Allred stated that Public Works Director Marcarello, staff and the Traffic Commission could look into the speeding issues on Klingerman, Angeles, Bartlette and Marshall Avenue. Rosemead City Council Regular Meeting Minutes of May 8, 2012 Page I of 10 MayorArmenta assured Mrs. Navarro that Council has done what they can and people do not understand that placing speed bumps may also cause a liability. The Traffic Commission along with staff analyzes and discuss different options. Ms. Armenta reiterated that Director of Public Works Marcarello has gone to all the schools to look at possibilities to increase safety and his staff has done an outstanding job in making sure that everything is being taken care of at the schools. She explained that she witnessed cars speeding near schools and also at Muscatel Avenue where flashing lights were installed. Ms. Armenta assured Mrs. Navarro that Council would do what they can to protect the residents and students. Council Member Clark asked if the speeding issue of Angelus Avenue has been resolved and if box dots would help in impeding speeding vehicles on Dubonnet Avenue and Loftus Avenue. Public Works Director Marcarello assured Council that staff will work with Mrs. Navarro regarding her concerns. He stated that there was success with residents and school board members regarding calming speeding on Dubonnet Avenue. Signages have been installed directing parents to drop off kids on drop off areas, added sidewalks, and delineators were installed. City Manager Allred explained that studies by Public Works staff, Traffic Engineer and Traffic Commission would have to take place before any actions could be taken. Council Member Ly requested that Mr. Marcarello keep Mrs. Navarro up to date on her concerns and reiterated that staff would analyze the issues and presented it to the Traffic Commission. Joe Duran — representative of the Running Rebels basketball team stated that the organization was currently experiencing financial problems. Mr. Duran explained that the organization was on the process of obtaining non - profit 501(c) status and a payment had been submitted to the IRS; however, a delay due to litigation has cause the organization to commence paying for the use of the gymnasium. Previous arrangements with the City allowed the Running Rebels organization to use the facility at a minimal cost. Mr. Duran stressed that the organization has paid operational cost, incorporation cost, promotion cost, $360 per month for gymnasium rental, insurance policy at a cost of $3,000 per year, and site certificates at $120 per site. Mr. Duran asked that Council allow more time to use the gymnasium and waive the increased fees until the organization obtains their 501(c) status. Council Member Clark asked Mr. Duran to clarify on the payment sent to the IRS. Mr. Duran - explained he submitted the payment in May to the IRS for their approval to obtain their 501(c) status. City Manager Allred stated that the item being discussed was not on the agenda and that Council would not be able to take action on this matter. Mr. Allred suggested this item be agendize for the next meeting. Rosemead City Council Regular Meeting Minutes of May 8, 2012 Page 2 of 10 Parks and Recreation Director Montgomery-Scott explained that as of March of 2011 the organization submitted their articles of incorporation, letters to the IRS, and payments made to prove they have applied for 501(c) status. The Parks and Recreation Department has worked with the organization for the past four years to assist them during their process by not charging them fees, only the $11.03 staff cost per hour, for the use of facilities. Mr. Montgomery-Scott reiterated that the organization started paying the full rate as of April 2012 which was the deadline to show significant progress on their 501(c) status. Mr. Duran — reiterated they have provided all the necessary documentations and are awaiting the response from the IRS. He stated that the litigation and incorporation of the organization has left them with the need of financial assistance. Council Member Ly clarified that staff has tried resolving the issue with the Running Rebels and the City has been doing a lot to service the needs of nonprofit organizations in the City. He reiterated that there are rules and regulations that must be followed because other nonprofit organizations would like the same service the Running Rebels are obtaining from the City. The fees charged to the Running Rebels were generous because it's not offered to other organizations. Council Member Low asked if there were any other nonprofit organizations that have not acquired 501(C) status. Parks and Recreation Director Montgomery-Scott replied that the Angels have been in the process of obtaining 501(c) status for about a year. MayorArmenta inquired about the Legal Zoom documents Mr. Duran submitted. Mr. Duran - replied that as a result of the litigation the organization had to reapply to change their entity. Parks and Recreation Director Montgomery-Scott stated that once the Running Rebels obtain their 501 (c) status, they will be charge the nonprofit policy fee of $25 an hour for facility use. City Manager Allred explained that five years ago Council approved the fee increase and the organization was only being charge $11.03 to cover staff time. Parks and Recreation Director Montgomery-Scott reiterated that during the last four years into the process, the organization started paying fees for the past two months. Since there was no significant change on their non - profit status, they could be charge the resident rate of $32 per hour and $11.03 for staff time. Mr. Duran - asked if they will be charged a fee once they obtain their 501(c) status. Parks and Recreation Director Montgomery-Scoff replied according to the nonprofit policy the rental fee is $25 per hour. City Attorney Richman stated that comments should be directed to Council and asked Council if they would like the item to come back to a future meeting. Rosemead City Council Regular Meeting Minutes of May 8, 2012 Page 3 of 10 City Manager Allred stated that the issue should be placed on the agenda for Council to discuss and make deliberations. Craig Denton — Manager at Del Rey Mobile Home Park located at 3026 Bartlett Avenue expressed concern with the proposed waste hauler rates for business owners and multifamily homes. He indicated that his trash bill will increase 52 percent for the same level of service. Mr. Denton stated that a representative of Consolidated Disposal gave him a rate schedule which was not dependant on the audit of trash that Consolidated was conducting and the company did not disseminate the rate increase information to business owners. He urged Council to reconsider the fairness of the new contract for multifamily and businesses. Chuck Lyons — thanked the City for their ongoing support to the STAR program and local organizations. He commended the Public Works Department for their work on the road around the City. Mr. Lyons expressed concern with the lack of lighting on the north parking lot of Rosemead Park and speeding vehicles near schools. Council Member Ly agreed with Mr. Lyons that more lighting is needed on the north side of the parking lot at Rosemead Park. MayorArmenta directed staff to look into the lighting issue at Rosemead Park. John Tang — representing Community Outreach for People for Metro invited the community to participate in Metro's open house meeting regarding the SR710 study. Council Member ly— stated it was an important project for the region to connect the 710 freeway to the 210 freeway and Council Member Clark has been very active on the issues involving Metro. City Manager Allred announced that Metro was seeking community members that would be interested in serving on the Community Liaison Counsel for Metro. Brian Lewin, former Traffic Commissioner, accepted the invitation to be part of the task force. Brian Lewin — representing the Community Liaison Counsel, thanked City Manager Allred for recommending him and encouraged everybody to attend the open house to express their opinions. Mr. Lewin explained that Metro is going to narrow down their options and do a study on environmental impact reports which will then be used for final recommendations towards the end of 2014. 3. PRESENTATION e Public Works Week Proclamation City Council presented the Public Works Week Proclamation to the Public Works Department. Public Works Director Marcarello thanked the City Council for their support and Public Works staff for their hard work. City Manager Allred commended and thanked the Public Works staff. Rosemead City Council Regular Meeting Minutes of May 8, 2012 Page 4 of 10 MayorArmenta — stated that the City would not be the City it is without the Public Works Department and thanked them for making the City look beautiful. She referred to a day when a tree fell and Public Works employee Danny Godoy waited until the last branch was picked up. She added she appreciates the image the City is trying to uphold. Council Member Clark stated she has received compliments from constituents on the City and thanked Public Works staff. 4. PUBLIC HEARING A. The CDBG and HOME Programs Annual Action Plan for Fiscal Year 2012 -13 A public hearing is being held tonight for review and approval of the City's Annual Action Plan for the period of July 1, 2012 - June 30, 2013. The City has been notified by HUD that the City of Rosemead will be incurring a 34.25% cut to its current $1,037,683 allocation of Community Development Block Grant (CDBG) funds, and a 52.39% cut to its current $480,683 HOME Investment Partnerships (HOME) funds allocation. This means the total funds available in the FY 2012 -13 for CDBG will be reduced to $682,256 and for HOME will be reduced to $228,955. Unfortunately, the drastic cuts to these federal programs will prohibit the funding of many previously funded activities while others will be severely reduced. A list of recommended projects has been developed based on funding requests and ongoing CDBG and HOME funded activities. These recommendations are consistent with the housing and community development priorities that the City has set and followed in the past. In addition, all the proposed projects meet the CDBG and HOME eligibility requirements. Recommendation: That the City Council take the following actions: Conduct a public hearing and take public testimony on the Annual Action Plan covering the period July 1, 2012 — June 30, 2013. 2. Approve the CDBG and HOME funding recommendations, authorizing the submittal of the City's FY 2012 -13 Annual Action Plan to the U.S. Department of Housing and Urban Development. 3. Authorize the City Manager to execute all appropriate and necessary documents to receive funding and implement approved use. 4. Award the following public service agencies with CDBG funds and authorized the City Manager to execute "social service" agreements: Family Counseling Services - $5,000 Family Promise - $5,000 People for People - $7,328 Rosemead High School - $1,000 Rosemead School District - $1,000 Senior Nutrition Services - $92,010 Rosemead City Council Regular Meeting Minutes of May 8, 2012 Page 5 of 10 5. Award $4,580 (2 %) of HOME funds to the Rio Hondo Community Development Commission to defray certain costs for the operation as the City's Community Housing Development Organization (CHDO) and authorize the City Manager to execute the necessary operating and service agreements. Community Development Directed Ramirez reviewed the staff report Mayor Armenta opened the Public Hearing at 8:03 p.m. Ron Esquivel — thanked the City for the $1,000 CDBG contribution to keep the program running and Council Member Alarcon for attending and presenting certificates to the parents. He also thanked staff for adding a sidewalk in front of his home and going to schools to work and mediate traffic. Karen Roberson — Representing Family Promises in the San Gabriel Valley, a new nonprofit organization, thanked the City for the CDBG contribution. They work with the faith base community and have a resource center with Rosemead Evergreen Baptist Church to provide case management services to families in need. Mayor Armenta closed the Public Hearing at 8:12 p.m. Council Member Steven Ly made a motion, seconded by Mayor Pro Tem Low, to approved staff recommendations to approve the CDBG and HOME funding recommendations, authorize the City Manager to execute all appropriate and necessary documents to receive funding and implement approved use, award and authorized the City Manager to execute "social service" agreements, and award $4,580 (2 %) of HOME funds to the Rio Hondo Community Development Commission. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None 5. CONSENT CALENDAR A. Minutes April 10, 2012 — Regular Meeting B. Claims and Demands • Resolution No.2012 -27 Recommendation: to approve Resolution No. 2012 — 27 entitled: Rosemead City Council Regular Meeting Minutes of May 8, 2012 Page 6 of 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $2,072,254.64 NUMBERED 77112 THROUGH 77217 INCLUSIVELY C. Annual 2011.12 Slurry Seal Project — Award of Contract As part of the City's Fiscal Year 2011 -12 Capital Improvement Program, the City Council approved a project titled, "Annual Slurry Seal Program ", which consists of sealing several residential city streets. This project will help extend the life of local streets and improve community aesthetics. This project will slurry seal residential streets located in the area bound by San Gabriel Boulevard to the West, the City Limits to the East, Garvey Avenue to the North, and Drayer Lane to the South. This project is funded through State Gas Tax funds. Recommendation: That the City Council: 1. Approve the plans and specifications for this improvement project; 2. Authorize the City Manager to enter into a contract with Doug Martin Contracting for the Annual 2011 -12 Slurry Seal Project in the amount of $196,316.60; 3. Establish an amount of 10% of the contract amount ($19,631.66) as a contingency, to cover the potential cost of unforeseen site conditions. D. City Investment Policy The City Investment Policy (Policy) is reviewed annually to ensure that it best reflects current investment conditions. As those conditions change, minor adjustments to the Policy may be made to allow for the continuation of reasonable returns on investments while maintaining the priority of safety first. However, no changes are being recommended at this time. This report is a routine housekeeping item in accordance with Government Code Section 53601. The investment priorities of the City's Policy remain, in order of importance: 1) safety, 2) liquidity, 3) yield. Recommendation: That the City Council approve the Investment Policy. E. Quarterly Interim Financial Update for the Quarter ended March 31, 2012 The City Council will review the City of Rosemead Quarterly Financial Update for the Quarter ended March 31, 2012, as well as, the Treasurer's Reports of Cash and Investments for the City, Rosemead Community Development Commission and the Rosemead Housing Development Corporation for March 31, 2012. Recommendation: That the City Council receive and file the Financial Update report and the Treasurers Reports of Cash and Investments. Rosemead City Council Regular Meeting Minutes of May 8, 2012 Page 7 of 10 F. Titles of Officers Authorizing to make Deposits and Withdrawals in the Local Agency Investment Fund (LAIF) LAIF must have on file a City Resolution listing the exact names and titles of the officers authorized to make deposits and withdrawals in the LAIF accounts. On April 8, 2008 the City Council passed Resolution No. 2008 -28 designating the City Manager, the Assistant City Manager and the Chief Financial Officer as officers of the City having authority to make deposits and withdrawals in the LAIF account. With Resolution No. 2012 -26 the Financial Manager is also authorized to make deposits and withdrawals from LAIF Recommendation: That the City Council approve Resolution No. 2012 -26, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, DESIGNATING THE CITY MANAGER, ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER AND THE FINANCE MANANGER AS OFFICERS OF THE CITY Council Member Ly requested that a correction be made to the minutes of April 10th, to change Torres to Torre. Mayor Pro Tern Low made a motion, seconded by Council Member Steven Ly, to approve the Consent Calendar. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None 6. MATTERS FROM CITY MANAGER & STAFF A. Annual Comprehensive Fee Resolution Update The City provides various "individualized" services (i.e. inspections, permits, variances, etc.) that are not of general benefit. Historically, many of these services have been provided at a City cost greater than the price being charged for them thus resulting in subsidies of the remaining costs of service from the general taxpayers. As a matter of routine fee maintenance and to keep pace with increasing costs of individualized services, the fees charged to users need to be reviewed on a regular basis, preferably each year. In the interest of being responsive to the service needs of Rosemead residents and businesses; not all fees need to be adjusted and some are controlled by statute. Consequently, not every Rosemead fee is being recommended for an adjustment this year. A list of all fees is presented in Resolution No. 2012 -31 "Annual Comprehensive Fee Schedule ". Rosemead City Council Regular Meeting Minutes of May 8, 2012 Page 8 of 10 Recommendation: That the City Council approve Resolution No. 2012 -31 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, COMPREHENSIVE SCHEDULE OF FEES AND CHARGES ADOPTED BY THE CITY COUNCIL City Manager Allred reviewed the staff report. Parks and Recreation Montgomery-Scott stated there were modifications to page 14 relating to vendor booths. He explained that a cost analysis demonstrated that cost run significantly high and may reduce the number of nonprofit booths that would participate in an event. Staff is proposing the language to state that, "individuals that are nonprofit organizations will be required to pay 75 percent of the proportional share of the City cost for booth operations." Mr. Montgomery-Scott stated that non Rosemead vendors or businesses would cover the adjustment in the cost. Council Member Ly asked if some of the planning fees on pages 3 and 4 were partial cost recovery. Community Development Director Ramirez replied yes, they were a partial cost recovery fee. Council Member William Alarcon made a motion, seconded by Council Member Steven Ly, to approve the Comprehensive Schedule of fees and Charges. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None 7. MATTERS FROM MAYOR & CITY COUNCIL Council Member Ly— suggested that staff research the potential of forming a community foundation to assist nonprofit organizations who have significant cuts throughout the year. City Manager Allred stated there was a correction on the agenda and the Memorial event would take place at 10:30 a.m. and not 10:00 a.m. In addition, the ceremony will be held in conjunction with Savannah Cemetery. MayorArmenta clarified that the Memorial event is being held at the cemetery due to construction that should have started at the civic center for the phase III parking lot project. Council Member Clark suggested that a sign be placed redirecting the public of the new location to the Memorial event. Rosemead City Council Regular Meeting Minutes of May 8, 2012 Page 9 of 10 8. ADJOURNMENT The meeting adjourned at 8:20 p.m. The next regular City Council meeting is scheduled to take place on May 22, 2012 at 7:00 p.m. Sandra Armenta Mayor ATTEST: Gloria Molleda, City Clerk Rosemead City Council Regular Meeting Minutes of May 8, 2012 Page 10 of 10 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 meeting minutes from May 8, 2012, were duly and regularly approved and adopted by the Rosemead City Council on the 24th of July 2012, by the following vote to wit: Yes: Alarcon, Armenta, Clark, Low, Ly, No: None Abstain: None Absent: None LLP 4 Q1L1' Q-1 Gloria Molleda City Clerk