CC - Minutes - 08-13-13Minutes of the
City Council Meeting
August 13, 2013
The regular meeting of the Rosemead City Council was called to order by Mayor Low at 7:00 p.m. in the
Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California.
PLEDGE OF ALLEGIANCE: Council Member Ly
INVOCATION: Mayor Low
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,
Director of Community Development Ramirez, Director of Parks and Recreation Montgomery -Scott, Director
of Public Works Marcarello, and City Clerk Molleda
1. CLOSED SESSION (Continuation from the 5 p.m. Special Meeting if needed)
A. CONFERENCE WITH LEGAL COUNSEL — Significant Exposure to Litigation pursuant
to Government Code Section 54956.9 (d)(2); 1 potential case
City Attorney Rachel Richman stated the Closed Session was discussed and concluded during the 5:00 pm.
Speicial Meeting and no continuation was needed.
2. PUBLIC COMMENTS FROM THE AUDIENCE
None
3. CONSENT CALENDAR
A. Minutes
June 11, 2013 — Regular Meeting
June 25, 2013 — Regular Meeting
B. Claims and Demands
• ResolutionNo.2013 -42
Recommendation: to approve Resolution No. 2013 —42 entitled:
Rosemead City Council Regular Meeting
Minutes of August 13, 2013
Page 1 of 10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS
IN THE SUM OF $408,180.04 NUMBERED 81905 THROUGH
81909 INCLUSIVELY
• Resolution No. 2013 — 43
Recommendation: to approve Resolution No. 2013 —43 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS
IN THE SUM OF $473,323.92 NUMBERED 81910 THROUGH
81931 INCLUSIVELY
C. National League of Cities Energy, Environment & Natural Resources Committee
Meeting — September 19th — 21St — Miami, FL
The City Council will consider authorizing the attendance of Council Member Margaret Clark
to the National League of Cities — Energy, Environmental & Natural Resources Committee
meeting in Miami, FL, on September 19th -21St.
Recommendation: That the City Council authorize the attendance, at City expense, of
Council Member Clark to the National League of Cities — Energy, Environmental & Natural
Resources Committee meeting in Miami, FL.
D. Adoption of the Updated 2013 Congestion Management Program and 2013 Local
Development Report
The Congestion Management Program (CMP) is a state mandated program that helps
address the impact of urban congestion in local communities. The CMP requires that cities
in Los Angeles County file a Local Development Report (LDR) indicating the City's actions
taken to reduce traffic congestion in the region. In order to meet its requirements, the City
must adopt a resolution finding the City of Rosemead in compliance with the CMP for Los
Angeles County and also submit a Local Development Report.
Recommendation: That the City Council:
1. Approve Resolution No. 2013 -44, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, FINDING THE CITY TO BE IN
CONFORMANCE WITH THE CONGESTION MANAGEMENT
PROGRAM (CMP) AND ADOPTING THE CMP LOCAL
DEVELOPMENT REPORT, IN ACCORDANCE WITH
CALIFORNIA GOVERNMENT CODE SECTION 65089
Rosemead City Council Regular Meeting
Minutes of August 13, 2013
Page 2 of 10
2. Adopt the 2013 Local Development Report and authorize staff to submit the CMP Local
Development Report to the Los Angeles County Metropolitan Authority.
E. Annual Residential Resurfacing Project — Muscatel Avenue — Award of Contract
As a part of the City's Fiscal Year 2013 -14 Capital Improvement Program, the City Council
approved the "Annual Residential Resurfacing Project — Muscatel Avenue ". The project
consists of asphalt concrete overlay and reconstruction of road pavement, and repairs to
damaged sidewalk, curb and gutter along Muscatel Avenue from Marshall Street to Grand
Avenue. This project is being funded through State Gas Tax proceeds.
Recommendation: That the City Council:
1. Approve the plans and specifications for the Annual Residential Resurfacing Project —
Muscatel Avenue; and,
2. Authorize the City Manager to enter into a contract with Gentry Brothers, Inc. in the
amount of $473,013.80. In addition, authorize an amount of $70,952.07 (15 %) as a
contingency to cover the cost of unforeseen construction expenses.
F. Installation of Red Curb at Intersection of Earle Avenue and Grand Avenue
The Traffic Commission recently reviewed a request from a business owner in the 5000
block of Earle Avenue to install red curbing at the intersection of Earle Avenue and Grand
Avenue. The business owner indicated that the lack of sight visibility in this area causes
safety concerns when turning from southbound Earle Avenue on to Grand Avenue in either
direction. Staff investigated the site and recommended to the Traffic Commission that
parking restrictions be installed along the north side of Grand Avenue extending in both
directions from the intersection with Earle Avenue. Based on this information the
Commission concurred with these findings.
Recommendation: That the City Council approve the Traffic Commission's
recommendation and authorize staff to install red curbing along the north side of Grand
Avenue, extending 12 feet to the west and 25 feet to the east of the intersection with Earle
Avenue.
G. Review of Traffic Conditions at Walnut Grove Avenue and Marshall StreetlFirst
Evangelical Church
The Traffic Commission recently reviewed a request to review traffic conditions adjacent to
the First Evangelical Church of San Gabriel Valley (Church) located at the intersection of
Walnut Grove Avenue and Marshall Street. Representatives from the Church expressed
concerns that traffic conditions (road characteristics, high traffic volumes on Walnut Grove
and Marshall, and existing lance configurations) provide for safety concerns in the area. A
Rosemead City Council Regular Meeting
Minutes of August 13, 2013
Page 3 of 10
traffic study was conducted at the location, including traffic counts and a review of turning
movements during peak traffic times. After studying the location, it was determined that the
installation of traffic controls and makings would improve traffic safety in this area. Based on
this information and input from the public, the Commission concurred with these findings.
Recommendation: That the City Council:
1. Install "Keep Clear' legends on Walnut Grove Avenue (northbound lanes), approximately
200 feet south of Marshall Street; and
2. Install approximately 20 feet of restricted parking (red curbing) on the south side of
Marshall Street, adjacent to the First Evangelical Church driveway, approximately 130
feet east of the Walnut Grove Avenue Intersection.
H. Request for 20 Minute Parking Zone — 8877 Mission Drive
The Traffic Commission recently reviewed a request for a "20 Minute Parking' zone to be
added in front of Palm Cleaners at 8877 Mission Drive. The business owner at this location
expressed concerns regarding limited on- street parking adjacent to his business. The
business owner also indicated that these parking spaces are frequently occupied by vehicles
parked for a long period of time. The nature of the business at Palm Cleaners is in and out,
with most transactions not taking more than a few minutes. The business owner requested
that a "20 Minute Parking" zone be added to the curb in front of his business. After visiting
the location, it was determined that the installation of limited duration parking would be
adequate at this location. Based on this information, the Commission concurred with these
findings.
Recommendation: That the City Council approve the Traffic Commission's
recommendation and authorize staff to install approximately 30 feet of "20 Minute Parking"
green curb in front of Palm Cleaners, at 8877 Mission Drive.
Release of Cash Deposit— Parcel map 69105 (7617 Graves Avenue)
A faithful performance bond was required to guarantee construction of a sewer lateral,
driveway approach and curb drain and the planting of a parkway tree prior to the recordation
of the final map for Parcel Map No. 69105. In lieu of bonds, a cash deposit was issued to the
City in the amount of $7,935.00. All improvements have been completed except for the
installation of the parkway tree. In order to finalize the map and release deposited funds, the
developer has agreed to make a street tree in -lieu payment of $600 towards tree planting in
the City. All remaining funds will be released.
Recommendation: That the City Council accept the public improvements and refund the
cash deposit in the amount of $7,335.00.
Rosemead City Council Regular Meeting
Minutes of August 13, 2013
Page 4 of 10
Keep Clear Markings — Hidden Pines Place & Valley Boulevard
The Traffic Commission recently reviewed traffic conditions and access at the intersection of
Hidden Pines Place and Valley Boulevard. Residents in this area are concerned that cars
back up on Valley Boulevard, delaying access to Valley Boulevard from Hidden Pines Place
and resulting in impacts to traffic flow and safety on Valley Boulevard. Staff investigated the
site and recommended to the Traffic Commission that "Keep Clear' pavement markings be
installed in the eastbound travel lanes at the intersection of Valley Boulevard and Hidden
Pines Place. The Traffic Commission concurred with the recommendation.
Recommendation: That the City Council approve the Traffic Commission's
recommendation and authorize staff to install "Keep Clear" pavement markings with limit
lines in the eastbound travel lanes at the intersection of Hidden Pines Place and Valley
Boulevard.
K. Amendment to the City Clerk Employment Agreement
On July 23, 2013, the City Council conducted an annual review of the City Clerk's job
performance and provided a rating of Substantially Exceeds Expectations. The City's
established policies and procedures for merit salary adjustments apply to the City Clerk in
the same manner as all other full -time employees. Under the City's compensation system, a
performance rating of Substantially Exceeds Expectations equates to a merit salary
adjustment of 5% within the salary range. In addition, the City Council expressed its desire
and intent to expand the City Clerk's role in the organization by assigning additional duties
and responsibilities in the area of public information and communications. As a result, the
amendment to the City Clerk's employment agreement modifies the title of the incumbent
City Clerk to that of City Clerk/Director of Public Information and Communications.
Recommendation: That the City Council approve the Fifth Amendment to the City Clerk
Employment Agreement.
Council Member Sandra Armenta stated that she did not attend the Council Meeting on
June 11, 2013, and asked that those Minutes be pulled for a separate vote.
Mayor Pro Tern William Alarcon made a motion, seconded by Council Member Steven Ly to approve
the Consent Calendar with the exception of the June 11, 2013 Minutes. Vote resulted in:
Yes: Alarcon, Armenta, Clark, Low, Ly
No: None
Abstain: None
Absent: None
Council Member Steven Ly made a motion, seconded by Council Member Margaret Clark to approve
the Minutes of June 11, 2013. Vote resulted in:
Rosemead City Council Regular Meeting
Minutes of August 13, 2013
Page 5 of 10
Yes: Alarcon, Clark, Low, Ly
No: None
Abstain: Armenta
Absent: None
4. MATTERS FROM CITY MANAGER & STAFF
A. Dissolution and Termination of the West San Gabriel Valley Consortium Joint Exercise
of Powers Agreement
The City Council will consider adoption of a Resolution to dissolve and terminate the West
San Gabriel Valley Consortium Joint Exercise of Powers Agreement to be effective on
August 31, 2013. The Consortium is an independent legal entity that was formed in 1976 by
local cities and school districts through a joint powers agreement. The purpose of the
organization is to obtain funds from Los Angeles County to operate job training and
employment programs in this sub - region. In June of 2013, the County notified the
Consortium that effective on July 1, 2013 it would no longer provide funding to the
Consortium but would transition the financial resources for this sub - region to another agency.
Based on this action by the County, the Consortium Executive Board adopted a Resolution
on June 27, 2013, to initiate the voluntarily wind -down and dissolution of the Consortium and
termination of the Joint Powers Agreement.
Recommendation: That the City Council approve Resolution No. 2013 -36, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, RESCINDING AND TERMINATING
THE JOINT EXERCISE OF POWERS AGREEMENT CREATING
THE WEST SAN GABRIEL VALLEY CONSORTIUM
City Manager Jeff Allred reviewed the Staff Report
Council Member Steven Ly made a motion, seconded by Council Member Sandra Armenta to approve
and adopt Resolution No. 2013.36. Vote resulted in:
Yes: Alarcon, Armenta, Clark, Low, Ly
No: None
Abstain: None
Absent: None
Rosemead City Council Regular Meeting
Minutes of August 13, 2013
Page 6 of 10
B. Continuation of Six -Month Review of Conditional Use Permit 11 -14
8772 Valley Boulevard
On January 8, 2013, the City Council approved a new On -Sale Beer and Wine (Type 41)
ABC license at the Hunan Seafood Restaurant, located at 8772 Valley Boulevard. During
this meeting, the City Council requested a six -month review of the Conditional Use Permit.
On July 9, 2013, the City Council conducted a six -month review of Conditional Use Permit
11 -14. The purpose of this review was to provide the City Council with an update regarding
the applicant's compliance with the conditions of approval for Conditional Use Permit 11 -14.
During the review, it was revealed that the applicant was in violation of Condition of Approval
Numbers 1, 13, 15, 17, 26, 30, and 31. For that reason, the City Council directed staff to
bring this item back in August to ensure that all conditions of approval are in compliance.
Recommendation: That the City Council provide further direction on this item
Associate Planner Lily Trinh reviewed the Staff Report
Brian Lewin — stated he is glad that they are in compliance at the moment, but is skeptical about its
longevity. He explained that their history in regards to gang activity is alarming, and he would recommend
that Council have Code Enforcement keep a close eye on this business.
Council Member Steven Ly— He commended staff for doing a greatjob in regards to this business. He
agreed with Mr. Lewin, stating that he is pleased at the moment but would like it to be continuously
monitored. He recommended another review in four months to see if the good behavior will continue.
Council Member Sandra Armenta — agreed with Mr. Lewin and Council Member Ly. She explained that she
felt apprehensive about trusting the owner and worried that he is only complying at the moment because
Council was disappointed with his previous actions. She stated she would like to make sure they stay
compliant to deter the possibility of gang involvement or unlawful activity.
Council Member Clark— stated concern over their cover up and recommended a three month review.
Council Member Ly— explained he had suggested a four month review because it is more difficult to stay
compliant for a longer period of time, but he is accepting of a three month review as well.
Council MemberArmenta — inquired from staff if three months is enough time for them to remedy the
violations that have been gathered thus far.
Director of Community Development Michelle Ramirez — stated staff would agree to a three month review;
however recommended that they monitor the business for the next year, and bring back the issue only if the
business is in violation of their CUP.
City Attorney Rachel Richman — explained that staff would always have the ability to bring back this issue at
any time; therefore, one year would be a good timeline.
Rosemead City Council Regular Meeting
Minutes of August 13, 2013
Page 7 of 10
Council MemberArmenta — agreed with Director of Community Development Ramirez and City Attorney
Richman. She stated that if a set amount of time was given, they would go back to their old ways after the
time was up. She then explained that if code enforcement conducted unannounced inspections throughout
the year, it would keep them on their toes.
Council Member Clark— voiced her concern over their cover up, and read from the Public Safety report
which detailed DJ speakers being hidden under tablecloths and black garbage bags placed above them. She
stated that if the City gives them a year, it looks like they are being told that they are doing fine.
Director of Community Development Ramirez — explained that inspections will continue to be conducted for
twelve months instead of three months, and they can be brought in immediately if violations are found.
Mayor Pro Tem Bill Alarcon — stated that it logically makes sense, but knows that code enforcement is very
busy and inquired if they would be able to make continuous inspections.
Director of Community Development Ramirez— stated they will make sure they communicate with code
enforcement and make sure that they do it.
Mayor Low— asked if everyone agreed that staff and code enforcement would monitor the business for up to
one year and immediately bring them in if they see any violations.
Director of Community Development Ramirez — stated that if no violations are found all year, they will bring
them back in and put them in the clear.
Mayor Low — stated that staff needs to make sure that code enforcement knows that this is a high priority
and make sure that they frequently visit the establishment.
City Attorney Richman — clarified that the decision is to let staff monitor the business closely for a year and
come back with a report then, or sooner if there are any violations.
Council Member Sandra Armenta made a motion, seconded by Council Member Steven Ly to direct
staff and code enforcement to closely monitor Hunan Seafood Restaurant for a year and bring back a
report to Council then, or sooner if there are any violations to their CUP. Vote resulted in:
Yes: Alarcon, Armenta, Clark, Low, Ly
No: None
Abstain: None
Absent: None
Rosemead City Council Regular Meeting
Minutes of August 13, 2013
Page 8 of 10
C. Loan Agreement with Savannah Memorial Park (El Monte Cemetery Association) for
Access Road Reconstruction
The City has a Memorandum of Understanding (MOU) with the El Monte Cemetery
Association for the provision of in -kind services at Savannah Memorial Park Cemetery
(Savannah) located at 9263 Valley Boulevard, Since Savannah is a California Historic
Landmark and located in a major commercial corridor in the City, it is beneficial to the City
that the facility is properly maintained and preserved. Through the MOU, the City has helped
Savannah address maintenance issues such as fence repair, debris removal, tree
maintenance, and general handyman duties.
Recently, the City was approached by Savannah in regards to the access road at the facility.
The road is currently in a state of disrepair and requires reconstruction. Accessing a City
contract for road resurfacing on Muscatel Avenue, Savannah will be able to realize a
significant cost savings in completing repairs to the access road. Such cost savings include
low unit costs for materials and reduced mobilization costs due to Savannah's close
proximity to the Muscatel Avenue project location.
The parties were able to negotiate a price of $15,000 for the rehabilitation of the access road
at Savannah. Representatives from Savannah are requesting that the City assist with
financing in order to fund this improvement. As proposed, such financing would be an
interest -free loan and include an upfront payment of $3,000 by the Cemetery Association
followed by ten (10) annual payments of $1,200.
Recommendation: That the City Council approve Resolution No. 2013 -47, entitled
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A LOAN AGREEMENT WITH
SAVANNAH MEMORIAL PARK (EL MONTE CEMETERY
ASSOCIATION) TO PERMIT ACCESS ROAD
RECONSTRUCTION
Director of Public Works Chris Marcarello reviewed the Staff Report.
Bob Bruesch — updated about progress that the Cemetery has been through lately, including an interpretive
walk with about thirty markers with information about those buried in the Cemetery, and plans for the plaque
and monument. He stated that in regards to the road, he is worried because a lot of their visitors are elderly
people with walkers or wheelchairs, and they cannot use the driveway since it is in such bad shape.
Council MemberArmenta — stated she agreed with the staff report and this is another opportunity to
beautify the City. She stated that helping with the road would help entice visitors to the City, and entice
schools to visit the Cemetery more often. She further added that any kind of partnership with the Cemetery
will be good for the City.
Rosemead City Council Regular Meeting
Minutes of August 13, 2013
Page 9 of 10
Council Member Margaret Clark made a motion, seconded by Council Member Sandra Armenta to
approve Resolution No. 2013.47. Vote resulted in:
Yes: Alarcon, Armenta, Clark, Low, Ly
No: None
Abstain: None
Absent: None
5. MATTERS FROM MAYOR & CITY COUNCIL
I�=4,;
6. ADJOURNMENT
Council Member Ly— asked if the Meeting could be adjourned in the memory of Vincent Lou, who was a
good member of the community who recently lost his battle with cancer.
The meeting adjourned in memory of Vincent Lou at 7:27 p.m. The next regular City Council meeting is
scheduled to take place on September 10, 2013 at 7:00 p.m. in the Rosemead City Hall Council Chamber.
ATTEST:
" "M�a'L
Gloria Molleda
City Clerk
C/
Poll ow
Mayor
Rosemead City Council Regular Meeting
Minutes of August 13, 2013
Page 10 of 10
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the minutes
from August 13, 2013 of the City Council meeting were duly and regularly approved and
adopted by the Rosemead City Council on the 24 of September 2013, by the following
vote to wit:
Yes: Alarcon, Armenta, Clark, Low, Ly
No: None
Abstain: None
Absent: None
2L, VV "-dl,
Gloria Molleda
City Clerk