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CC - Minutes - 04-23-13Minutes of the City Council Meeting April 23, 2013 The meeting of the Rosemead City Council was called to order by Mayor Low at 6:00 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PRESENT: Mayor Low, Mayor Pro Tern Alarcon, Council Members Armenta, Clark, and Ly 1. LONGTERM FINANCIAL PLANNING WORKSHOP The City Council will be provided with a presentation on projected revenues and expenditures over the next five years. Assistant City Manager Matt Hawkesworth presented a Powerpoint presentation discussing the City's financial outlook. Presentation is available in the City Clerk's Office. 2. CLOSED SESSION A. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9 (d -1): 1 matter Alhambra & 46 Cities v. Los Angeles County (PTAF case) Mayor Low recessed the meeting at 6:50 p.m. to closed session. The regular meeting of the Rosemead City Council was called to order by Mayor Low at 7:06 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE: Council Member Armenta INVOCATION: Council Member Clark PRESENT: Mayor Low, Mayor Pro Tern Alarcon, Council Members Armenta, Clark, and Ly ABSENT: None STAFF PRESENT: City Manager Allred, City Attorney Richman, Assistant City Manager Hawkesworth, Community Development Director Ramirez, Director of Parks and Recreation Montgomery- Scott, Public Works Director Marcarello, and City Clerk Molleda Rosemead City Council Regular Meeting Minutes of April 23, 2013 Page 1 of 1 3. PUBLIC COMMENTS FROM THE AUDIENCE Steven Gerard Sidlovsky — explained that he was from the Secular Franciscan Order and opened with a song. He then presented the idea of Life Peace Zones and asked for residents and Council Members to review the concepts and contact him for more information. Juan Nunez — inquired if there was a City ordinance about barking dogs. City Manager Jeff Allred — answered that the City did have an ordinance regarding barking dogs. Mr. Nunez — complained about neighboring dogs who bark for any resident that passes by on the street. City Manager Allred — explained that City Council would not be able to resolve his problem, and advised him to set up a meeting with Sergeant Moreno. 4. PRESENTATIONS • Arbor Day Proclamation City Manager Allred stated that the City has a Proclamation in regards to National Arbor Day on April 26. This is a part of the City's Tree City USA designation. The Proclamation was presented to Public Works Director Chris Marcarello, who announced that the City was awarded $200, 000 by the County Supervisor for tree planting efforts, which would help with Jay Imperial Park and various other projects. • Recognition of Rosemead High School Key Club Members City Manager Allred introduced three students from Rosemead High School's Key Club, who provide volunteer services at the Garvey Community Center for Familia Unidas. The students helped a citizen who was choking during a meal, providing the Heimlich maneuver and saving that individual's life. One of the students was present and was presented with a certificate and a gift card to In N Out. 5. PUBLIC HEARINGS A. The CDBG and HOME Programs Annual Action Plan for Fiscal Year 2013 -14 The U.S. Department of Housing and Urban Development (HUD) is currently working on allocating CDBG and HOME funding awards and has not yet announced the final amounts to each participating community; however, it is projected that the City of Rosemead will sustain a 5.1 % funding reduction to both allocations due to the 2013 Sequestration. Recommendation: That the City Council take the following actions: 1. Conduct a public hearing and take public testimony on the Annual Action Plan covering the period July 1, 2013 — June 30, 2014. Rosemead City Council Regular Meeting Minutes of April 23, 2013 Page 2 of 2 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 authorize the City Manager to execute social service agreements: • Code Enforcement - $247,273 • Family Counseling Services - $5,000 • Family Promise - $5,000 • People for People $10,000 • Southern California Housing Right Center - $18,000 5. Authorize the City Manager to execute a professional services agreement with Morrison Management Services, Inc. for a Senior Nutrition Program. 6. Authorize the City Manager to execute professional services agreements with Barr & Clark, Inc. and Lead Tech Environmental for lead based paint and asbestos testing, assessment, and clearance tests of properties according to federal and state laws. 7. Award $4,346 (2 %) of HOME funds to the Rio Hondo Community Development Commission to defray certain costs for the operations as the City's Community Housing Development Organizations (CHDO) and authorize the City Manager to execute the necessary operating and service agreements. Community Development Director Michelle Ramirez reviewed the Staff Report. Council MemberArmenta — inquired about the percentage of money that gets allocated to the Southern California Housing. Rights Center. Community Development Director Ramirez — answered that the allocation to them is 20 %. Council Member Armenia — stated that residents have told her that when they get referred to the Housing Rights Center, they ask them if there's discrimination going on. She then stated that if the case isn't about discrimination, they are not being helped. Community Development Director Ramirez— explained that they deal with landlord tenant rights and responsibilities, but they will not represent people unless there is discrimination involved. She then stated to let her know of instances and she will contact and speak with the Housing Rights Center. Mayor Polly Low opened the Public Hearing at 7:23 p.m.; there being no speakers, she immediately closed the Public Hearing. Rosemead City Council Regular Meeting Minutes of April 23, 2013 Page 3 of 3 Mayor Pro Tern William Alarcon made a motion, seconded by Council Member Steven Ly to authorize the funding. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None B. Guidelines for Garbage and Rubbish Disposal — Rosemead Municipal Code Section 8.32 Last year the City completed a successful competitive Request for Proposals (RFP) process that resulted in a new exclusive solid waste agreement with Consolidated Disposal Services. This agreement is scheduled to start on August 1, 2013. In developing the new agreement, several provisions were updated from the previous agreement to comply with new laws, streamline processes, increase service levels, and enhance diversion rates. As such, it is necessary to update the City's municipal code to conform to these new requirements and programs. Recommendation: That the City Council introduce and conduct its first reading of Ordinance No. 930, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING CHAPTER 8 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO GARBAGE AND RUBBISH DISPOSAL Public Works Director Chris Marcarello reviewed the Staff Report Council Member Armenta — stated that she has noticed that there is a lot of graffiti on the commercial bins. She then inquired if the requires them to change the bins or paint over them in a certain amount of time. Public Works Director Marcarello — stated that it is included in the new Franchise Agreement which will go into effect in August. He then stated that he has spoken to Consolidated and their staff, and they have said that they will actively remove the graffiti. Council Member Clark— inquired about self - hauling, specifically how the City would enforce the process if a resident has said he will self -haul his trash, but instead lets the debris pile up and creates a health hazard. Public Works Director Marcarello — stated that the City's code addresses this issue and prohibits people from collecting debris for an extended period of time. He then stated that the self - hauling process requires a permit, and the applicant would have to provide proof of insurance for their vehicle, demonstrate that they have an acceptable vehicle that could transport debris, and provide reports on a regular basis so the City can verify that they're taking it to an approved facility. Council Member Clark— inquired if other cities have this in their agreements. Rosemead City Council Regular Meeting Minutes of April 23, 2013 Page 4 of 4 City Attorney Rachel Richman — stated that this has to do with Proposition 218, but our franchise is not subject to this Proposition because it is not a charge that is required of every property owner. She stated that this is illustrated because you can haul your own trash. Mayor Polly Low opened the Public Hearing at 7:30 p.m. Brian Lewin — requested that the Council change language regarding blowing leaves in the streets to include the public right -of -way, thus addressing storm water issues. He then inquired if the time to take trash bins inside can be changed from 8 p.m. on the day of to 6 a.m. the morning after, because 8 p.m. might not be practical for people who work late. He then stated that the requirements for self - hauling trash are counterproductive to the purpose of the program because asking people to go to a disposal facility every week and get paperwork is too demanding since these would likely be people that generate minimal trash. He further explained that the cost for this would be too high for an individual and they'd be forced to use the conventional trash method. Juan Nunez — inquired about the time people have to take in trash bins, because he has noticed trash bins staying out all weekend in his neighborhood. He also expressed concern about the County charging property owners for trash in the streets and complained about residents putting all trash in the same container instead of separating them. Mayor Polly Low closed the Public Hearing at TO p.m. Council Member Armenta — agreed with Mr. Lewin about the trash bin removal time and requested that it be changed to the next day at 6 a.m. Council Member Clark— expressed concern about switching the removal time to the next morning due to residents possibly forgetting or taking advantage and letting it stay out longer. She also expressed concern about the noise that the trash bins make when they are being move, and stated that she didn't want residents making that noise at 5:30 a.m. She suggested changing the removal time to 10 p.m., and asked that code enforcement officers not be stringent about enforcing it during night time. Mayor Low— suggested changing the removal time to midnight. Council MemberArmenta — stated that residents usually bring in the trash cans as soon as they can out of habit, and does not think they should push the time. She also stated that her trash bins do not make noise and has not heard anyone complain about the noise factor. Council Member Ly— stated being comfortable with the first two changes Mr. Lewin requested, but prefers the staff's recommendation in regards to the self - hauling aspect. He stated that the regular process of collecting receipts helps the City know that residents are being compliant. He further explained that the 6 am bin removal time seems feasible because it would give code enforcement an opportunity to cite homeowners as they are following the street sweepers. He explained that if someone gets cited, they will make sure to be compliant with the time on the following occasion. Mayor Pro Tem Alarcon — stated that he agreed with Council Member Ly in regards to self - hauling, but agrees with Council Member Clark on the trash removal time as he does not think the bins look good when they stay out overnight. Rosemead City Council Regular Meeting Minutes of April 23, 2013 Page 5 of 5 Council Member Clark— stated concern about street sweepers having to navigate around the bins that would stay out, thus not being able to sweep that area. She then restated her desire for a 10 pm removal time. She made a motion to accept the changes, but change the removal time to 10 p.m. Council Member Armenta— stated that not all residents can get home by 10 p.m., including herself at times, and she would not want to violate the code. Council Member Ly — inquired if Council Member Clark can change it to midnight. Council Member Clark— stated that she would prefer that alternative to the next day, but offered 11 pm. Council Member Ly— stated that he gets home at midnight at times and a midnight removal time would personally help him as well. Council Member Clark— accepted the midnight removal time. She then stated that she agreed with Mr. Lewin on the public right of way wording change. City Attorney Richman — commented that on a legal perspective, public streets and public right of ways are interchangeable terms, therefore no change would be needed. Mayor Low— stated that the only change to the document would be the time, and changed the motion to midnight. Council Member Margaret Clark made a motion, seconded by Mayor Pro Tern William Alarcon, to approve the first reading of Ordinance No. 930, with an amendment to change the trash bin removal time to midnight. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None 6. CONSENT CALENDAR A. Claims and Demands • Resolution No. 2013 —14 Recommendation: to approve Resolution No. 2013 —14 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $534,141.53 NUMBERED 80743 THROUGH 80858 INCLUSIVELY Rosemead City Council Regular Meeting Minutes of April 23, 2013 Page 6 of 6 B. Garvey /Del Mar Mixed -Use Project Environmental Consulting Services Contract The City has received entitlement applications from Gerard Yang, requesting to construct a new residential /commercial mixed -use development consisting of three (3) stories of residential apartments over one (1) story of commercial suites. A two -level basement parking lot would also be provided. The project would also involve an alley vacation. The proposed project is located at 7801 -7825 Garvey Avenue, in the C -3 (Medium Commercial) and R -2 (Light Multiple Residential) zones. On January 24, 2013, the Community Development Department issued a Request for Proposals (RFP) to seek a qualified environmental consultant to assist with the preparation of required California Environmental Quality Act (CEQA) studies. The cost to hire the consultant will be paid for in full by the developer. Recommendation: That the City Council take the following actions: 1. Authorize the Mayor to execute a contract agreement with Phil Martin & Associates, Inc. to assist in the preparation of required CEQA studies. 2. Direct staff to obtain a deposit of $84,200 from the developer to cover the full cost for contract services prior to authorizing the environmental studies consultant to proceed. C. Rosemead Community Recreation Center Interior Renovation Project —Award of Contract As a part of the City's Fiscal Year 2012 -13 Capital Improvement Program, the City Council approved the "Rosemead Community Recreation Center Interior Renovation Project,' which consists of extensive renovations and updates to the interior of the facility, including the addition of classroom space, a computer lab, offices, and. new paint and flooring throughout. This project is the first phase in an effort to improve the aesthetics and functionality of the community center. Future phases will include exterior facade improvements, the addition of a mini - plaza, and the addition of new classroom space at the building. This project is funded through a grant from the County of Los Angeles and bond repayment funds from the former redevelopment agency, which are restricted to use on capital improvement projects. Recommendation: That the City Council: 1. Approve the plans and specifications for the Rosemead Community Recreation Center Interior Renovation Project, and; 2. Authorize the City Manager to enter into a contract with California Averland Construction in the amount of $602,350.00 and establish a contingency in the amount of 15% ($90,353.00) to cover an unforeseen construction expenses. Council Member Steven Ly made a motion, seconded by Council Member Sandra Armenta, to approve the Consent Calendar. Vote resulted in: Rosemead City Council Regular Meeting Minutes of April 23, 2013 Page 7 of 7 Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None 7. MATTERS FROM CITY MANAGER & STAFF A. Walnut Grove Avenue Safe Routes to Schools Grant Program — Status Report The City has been working on a pedestrian safety and traffic calming enhancement project on Walnut Grove Avenue, from Marshall Street to Valley Boulevard. A portion of this project is funded through the Federal Safe Routes to Schools (SRTS) program grant, with a total grant award of $750,000. Remaining projects costs will be funded through transportation and street lighting monies, with a minimum required City matching contributions of at least 10% ($75,000). The project includes the installation of raised landscaped medians, lighting fixtures, new traffic safety striping, signage, and traffic signal improvements. These improvements will complement the existing landscaped medians and slopes at Walnut Grove Avenue and the Interstate 10 Freeway. In addition, these improvements will also complement other planned projects in the area, including the undergrounding of overhead utilities and planned street resurfacing on Walnut Grove Avenue (from Marshall Street to Valley Boulevard), which are included in future capital improvement project budgets. Conceptual plans have been prepared for this project are ready for review. Recommendation: That the City Council receive and file this report. Public Works Director Chris Marcarello reviewed the Staff Report. Council MemberArmenta inquired about installing "Keep Clear" signs. She commented that these signs help residents exit their streets. Public Works Director Marcarello affirmed that they will be installing them. Council Member Steven Ly made a motion, seconded by Council Member Sandra Armenta, to receive and file this report. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None Rosemead City Council Regular Meeting Minutes of April 23, 2013 Page 8 of 8 B. Rosemead Boulevard Highway Safety Improvement Program — Status Report The City has been working on a pedestrian safety and traffic calming enhancement project on Rosemead Boulevard, just south of the Union Pacific Railroad Underpass (north City limit) to Mission Drive. A portion of this project is funded through the State's Highway Safety Improvement Program (HSIP) grant, with a total grant award of $450,000. Remaining projects costs will be funded through transportation and street lighting monies, with a minimum required City matching contributions of at least 10% ($45,000). The project includes the installation of wider crosswalks, lighting fixtures, landscaped parkways, new traffic safety striping, a bike lane, signage, countdown pedestrian signals, and traffic signal improvements. These improvements will complement the current improvements underway in Temple City and help to provide a seamless transition between the two cities. Due to the use of State grant monies and since Rosemead Boulevard is a State -owned highway, this project has required a high level of coordination with the California Department of Transportation ( Caltrans). It is expected that Caltrans will authorize the City to proceed in the next thirty (30) days. After receiving authorization and bidding this project, it is anticipated that construction will start in July. Recommendation: That the City Council receive and file this report. Public Works Director Chris Marcarello reviewed the Staff Report. Council MemberArmenta— inquired about the lights, and commented on the positive feedback she has received about them. Public Works Director Marcarello — affirmed that they would be using them. Council Member Clark— inquired if Public Works Director Marcarello can elaborate on the bike lane. Public Works Director Marcarello — stated that they want to continue the bike lane that the Temple City construction on Rosemead Blvd is installing. Council Member Steven Ly made a motion, seconded by Council Member Sandra Armenta, to receive and file this report. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None 8. MATTERS FROM MAYOR & CITY COUNCIL Council MemberArmenta — stated that she forgot to mention the City's Easter Egg Hunt event during the last Council Meeting, and wanted to commend Parks and Recreation Director David Montgomery-Scott and his crew for a great job. She also wanted to commend Don Bosco Tech High School and the Angels Softball Organization for their leadership skills and for volunteering. Rosemead City Council Regular Meeting Minutes of April 23, 2013 Page 9 of 9 Mayor Low— informed residents about the Mayor's State of the City Address, taking place on April 25 at 5:30 pm at the Doubletree Hotel. She then urged residents to stay for the Chamber mixer that would immediately follow the event. 9. ADJOURNMENT The meeting adjourned in the memory of the victims of the Boston bombing at 8:05 p.m. The next regular City Council meeting is scheduled to take place on May 14, 2013 at 6:00 p.m. Polly Lo Mayor ATTEST: N► Gloria Molleda City Clerk Rosemead City Council Regular Meeting Minutes of April 23, 2013 Page 10 of 10 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD 1 I, Gloria Molleda, City Clerk for the City of Rosemead, do hereby certify that the meeting minutes from April 23, 2013, was duly and regularly approved and adopted by the Rosemead City Council on the 23rd of July 2013, by the following vote to wit: Yes: Alarcon, Armenta, Clark, Low, Ly, No: None Abstain: None Absent: None long olleda City Clerk