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CC - Minutes - 09-24-13Minutes of the City Council Meeting September 24, 2013 The regular meeting of the Rosemead City Council was called to order by Mayor Low at 6:01 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 ABSENT: None Mayor Polly Low recessed to Closed Session at 6:02 p.m. 1. CLOSED SESSION A. Conference with Real Property Negotiator— Government Code 54956.8; Property Description: 9201 Lower Azusa Road City Negotiator: Jeff Allred, City Manager Negotiating party: Coldwell Banker Commercial CA Lic. No. 01237757 (Barbara Lyle) Under Negotiation: Price and Terms B. Public Employee Performance Evaluation Government Code Section 54957; Council Appointed Officials (City Manager) PLEDGE OF ALLEGIANCE: Mayor Pro Tern Alarcon INVOCATION: Council Member Armenta 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 Mayor Polly Low reconvened the City Council meeting at 7:02 p.m. City Attorney Rachel Richman announced that the City Council unanimously voted to approve the City Manager's performance evaluation as "substantially exceeds expectations." Rosemead City Council Regular Meeting Minutes of September 24, 2013 Page 1 of 11 2. PUBLIC COMMENTS FROM THE AUDIENCE Sue Yamamoto — introduced herself as the library manager of Rosemead Library. She then explained that they had some handouts for Council in regards to programs taking place at the Library, and also a book sale taking place at the end of the month. She then introduced the new Children's Assistant, Lin Lin. Lin Lin — stated that she grew up in Alhambra, and recently graduated from the University of North Texas with a Masters in Library Science. She then described some of the programs that she has started at the Library. 3. PRESENTATIONS In recognition of the Ladyhawks placing 3rd in the USSSA Western World Series, 2nd in the Las Cruces New Mexico, and Champions at the NSA Western World Series. Ladyhawks were not present to receive certificates National Preparedness Month Public Safety Coordinator Mandy Wong presented about National Preparedness Month and the "Get Ready Rosemead" campaign. Mayor Polly Low and Council Members presented a Proclamation to celebrate National Preparedness Month. Council Member Steven Ly requested that Item C be pulled from the Consent Calendar for separate discussion. 4. CONSENT CALENDAR A. Minutes August 13, 2013 — Regular Meeting B. Claims and Demands Resolution No.2013 -53 Recommendation: to approve Resolution No. 2013 — 53 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $609,106.44 NUMBERED 82408 THROUGH 82527 INCLUSIVELY Rosemead City Council Regular Meeting Minutes of September 24, 2013 Page 2 of 11 D. Annual Cost Sharing Agreement with School Districts for Crossing Guard Services The City Council will consider authorization of partnership agreements with the Rosemead School District and the Garvey School District for crossing guard services for the current fiscal year. Funds to cover the City's share of the annual costs, which total approximately $55,000, are contained in the City's 2013 -14 Fiscal Year Budget. Recommendation: That the City Council authorize the City Manager to execute agreements with the Rosemead School District and the Garvey School District as equal partners in funding the crossing guard services for the 2013 -14 Fiscal Year. E. Rosemead Downtown Plaza Project — Award of Contract As part of the City's Fiscal Year 2013 -14 Capital Improvement Program, the City Council approved the "Rosemead Downtown Plaza Project ". The project is designed to improve the space between City Hall and the Library and create a plaza for public use in the downtown area. The project will include new, decorative hardscape, improved landscape, and multiple water features. The plaza will complement existing parking lot improvements that were completed in spring 2012. It is hoped that once the plaza is completed, it will become a valuable community resource with the addition of seating areas, interactive water features, and space for public events. This project is funded through bond proceeds from the former redevelopment agency and is listed on the City /Successor Agency recognized obligation payment schedule. Recommendation: That the City Council: a. Approve the plans and specifications for the Rosemead Downtown Plaza Project; b. Authorize the City Manager to enter into an agreement with E.C. Construction in the amount of $1,346,205.34 subject to the approval of a license agreement with the County of Los Angeles for the construction and operation of the Downtown Plaza. In addition, authorize an amount of $201,930.80 (15 %) as a contingency to cover the cost of unforeseen construction expenses; Council Member Sandra Armenta made a motion, seconded by Mayor Pro Tern William Alarcon to approve the Consent Calendar, with the exception of Item C. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None Rosemead City Council Regular Meeting Minutes of September 24, 2013 Page 3 of 11 C. Modifications to Mission Statement for Rosemead Public Safety Connections The City Council will consider a recommendation to expand the scope of the mission statement for Rosemead Public Safety CONNECTIONS. In addition to its original purpose of preventing crime by combating the impacts of alcohol and drug abuse, the CONNECTIONS forum recommends expansion of the mission statement to include advocacy for emergency preparedness, positive recreation and community opportunities, and coordination with community organizations engaged in human and social services. The proposed restated the mission statement is as follows. The mission of Rosemead Public Safety CONNECTIONS is to: • Serve as community "think tank" and "information clearinghouse" on ways to prevent crime and to combat drugs and alcohol abuse; • Develop and promote positive and wholesome recreational activities and community service opportunities for young people and their families: • Coordinate with organizations that address human and social services needs to promote a healthy community; and • Promote and encourage emergency preparedness by all community members. Recommendation: That the City Council approve the proposed revisions to City Council Policy No. 50 -07 for the Rosemead Public Safety CONNECTIONS expanding the scope of the mission statement. Council Member Steven Ly— explained that he agrees with the recommendations and suggestions, but would like to change Policy 50 -07 to include Council's approval of the Chair. He further explained that it currently states that the Mayor designates the chair, but he would like for Council to be able to approve this decision. Council Member Sandra Armenta — explained that it says only appointed by Mayor because it is called a Mayor's appointment. She further explained that it has always had that wording since the inception of the CONNECTIONS Forum. Council Member Margaret Clark— stated that while all appointments are technically Mayor's appointments, the Council always approves the appointments, therefore she agrees with Council Member Ly's motion. Council Member ly— agreed with Council Member Clark and stated that it has always been tradition for the Mayor to recommend and the Council to approve. Council Member Steven Ly made a motion, seconded by Mayor Pro Tern William Alarcon, to approve Policy No. 50 -07 with the requested changes. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None Rosemead City Council Regular Meeting Minutes of September 24, 2013 Page 4 of 11 5. MATTERS FROM CITY MANAGER & STAFF A. Discussion Regarding Shopping Cart Containment Regulations and Abatement Services Under Rosemead Municipal Code Section 9.12.080, the abandonment of a commercial shopping cart upon any public street, alley, sidewalk, public place or private property is prohibited. Persons who violate provisions of the municipal code can be found guilty of a misdemeanor or issued an administrative citation. However, the offenders of this code provision are often among the most vulnerable citizens of the community, including senior citizens. For this reason, the City has not pursued aggressive enforcement of these code provisions but has instead opted for an abatement approach to managing abandoned shopping carts. Recommendation: That the City Council review the options for enhancing shopping cart containment and abatement and provide further direction. Management Analyst Sean Sullivan reviewed the Staff Report. Council Member Armenta— stated that cart retrieval companies have a potpourri of carts, and permitting them could be an eyesore for the City since they collect different type of carts in their establishments. Management Analyst Sean Sullivan — explained that the City's cart retrieval company returns carts with identifiable tags on them to the businesses they belong to. He then explained that blank carts with no identification get collected and are disposed of. He further stated that there are rogue companies that will pick up carts and resell them to smaller businesses. Council Member Clark— inquired if the City bills markets when carts get returned to them. Management Analyst Sullivan — answered that the company collects the carts, returns them to the businesses, and the City pays the company on a monthly basis. Council Member Clark— inquired if the City picked up 8400 carts a year. Management Analyst Sullivan — stated that 8400 carts is the maximum and what the current budget currently allows for. He then stated that the number is closer to 6500 a year, and increasing. Council Member Clark— asked if it costs the City two dollars a cart if the annual budget is $20,000. Management Analyst Sullivan — answered that it would be roughly two dollars a cart. Council Member Clark— inquired what the value of the cart is to the market. Management Analyst Sullivan — answered that he does not have the numbers but it would probably be at least a couple of hundred per brand new cart. Rosemead City Council Regular Meeting Minutes of September 24, 2013 Page 5 of 11 Council Member William Alarcon — stated that there is an abundance of carts in his neighborhood for a market that is located in South El Monte; he suggested that the City talk to them about paying for their own cart retrieval. Management Analyst Sullivan — stated that the cart retrieval company will take all carts off the road if they see them, and they will dispose of the ones that do not belong to the City of Rosemead. He then explained that if the company did not have an existing contract with South El Monte, then they are probably disposing of those carts. Council Member Alarcon — stated that if they are getting taken back to the South El Monte store, then the City should bill them. Management Analyst Sullivan — stated that the company has a contract with the City that states that they will take all carts out of the public right of way, but they also have a contract with various businesses in order to return their carts. He then explained that the contract with the retailer supersedes the contract with the City, and in that case, the retailer will have to pay for it. Council Member Alarcon — explained that pull carts are a lot easier to use on a regular basis, and that Beaches supermarket used to sell these for $25. He then suggested that the City look into these carts and advertise them so that residents would know they have that option. Council Member Armenta — suggested educating the community in three different languages so that it would be understood that removing a shopping cart from a retailer is a crime and considered stealing. She explained that a lot of the issue has to do with education and making sure that people realize that it is a crime. Mayor Polly Low— stated that creating permits for all retrieval companies could be an option, but inquired if it meant that the City would allow all companies to retrieve carts and resell them back to retailers. Management Analyst Sullivan — answered that this would have to be worked out with Code Enforcement and the Planning Department in ensure that they are being permitted properly. Council Member Armenta — inquired if creating permits for all retrieval companies would increase the possibility of having a potpourri of different carts in these retail stores, and states that this would not help with beautification efforts. Management Analyst Sullivan — explained that the City can work out the provisions during the permitting process, but at this point there is no enforcement or regulation. City Manager Allred — stated that if the City were to initiate a regulation system for these companies, that it would create a good work load for somebody to run that program. Council Member Ly— stated that he understood the concept of creating a potpourri of different types of carts, and inquired if it would make it harder for these companies to pick up carts, which would result in more carts on the streets. Rosemead City Council Regular Meeting Minutes of September 24, 2013 Page 6 of 11 Management Analyst Sullivan — answered that while these companies pull the carts off the streets, oftentimes they are repeat offenders. Lanny Aplanalp —stated that he would like the City to work on stopping the carts from being left out, and said that the City is currently partially going in the right direction. He added that the message for the 800 call in number stated that the company does not pick up all carts. He then explained that the City needs to educate the residents and let them know that this is affecting our City. He described the "broken windows" theory, and stated that it has a negative effect on property values. He then stated that people running the stores are also allowing for this to take place, and suggested instituting a locking wheels technology for all businesses. City Manager Allred — stated that enforcing this requirement on existing businesses is difficult and can be seen as a hostile action; however, it is easier to make it a requirement for new businesses coming into the City. Council Member Armenta — explained that property owners know that it costs more money to change to locked carts, and unfortunately they are grandfathered in and do not have the requirement to switch. Mr. Aplanalp — inquired if locked brakes technology would not be enforced if a business were to change but a property owner were to stay the same. City Manager Allred — answered that any time a new business comes into the City, they will be required to install such a system. Juan Nunez — explained that there was a market on Valley which used to charge you one dollar for taking the cart out, which would be returned once the resident brought it back. He stated that this policy encouraged people to return carts more regularly. He then asked how much it costs the City to return carts. City Manager Allred — answered that the annual budget for this service is $20,000. Brian Lewin — stated that he supported some ideas he has heard thus far, but not happy that the City is spending $20,000 a year to deal with these carts. He then stated that to his understanding, markets that have their carts returned pay a fee to the retrieval company. Management Analyst Sullivan — stated that they do if the market has an existing contract with the retrieval service. He then described that major retailers have contracts as a means of protecting their investment. Mr. Lewin — inquired why the businesses are paying money to the retrieval company and not to the City, if the City is the one paying the retrieval companies. Council Member Ly— explained that the City only pays for the carts /retailers which do not have contracts with the retrieval company. He further explained that the markets that do have a contract cover their own cost for the retrieval of their carts, and the City pays for carts that get taken out of circulation. Mr. Lewin — inquired if the City is paying a "per cart' amount. Rosemead City Council Regular Meeting Minutes of September 24, 2013 Page 7 of 11 Management Analyst Sullivan — stated that the "per cart" amount is two dollars, and that the City does not pay for stores which have existing contracts with the retrieval company. Council Member Clark— inquired if the City's cart retrieval company will not pick up the carts if the markets already have a contract with them. Management Analyst Sullivan — answered that all carts will get picked up. He then described that the message on their machine which states that they do not pick up all carts is a general one and does not apply to the City of Rosemead. He explained that the company does work with many cities, and the contract for the City of Rosemead states that all carts must be picked up. He then explained that if the company picks up a cart for a market with an existing contract, they will bill the market instead of the City. Council Member Clark— inquired why the answering machine for the service states that they do not pick up all carts. Management Analyst Sullivan — stated that the company works with many cities, and not all have the same contract that our City has. He then explained that the general message isn't City specific because the operation is so large. Council Member Clark— suggested that the City get a call in number that is exclusively for Rosemead. Management Analyst Sullivan — explained that it can be discussed with the company, and reiterated that any cart that is called in will be picked up. Council Member Clark— inquired if the market pays the City if the retrieval company returns their cart. Council Member Ly— stated that in the situation when they pick up the cart and the store has a contract, the City would not be charged anything. Council Member Clark— asked how many stores get carts picked up wherein the City pays. Management Analyst Sullivan — stated that he did not have that information. Council Member Clark— inquired if the City can look into what cart retrieval services surrounding cities use and how effective they are. She then inquired what it meant when carts are taken out of circulation. Management Analyst Sullivan — stated that state code stated that a market must have carts with identifiable tags on it with their specific names and serial numbers, and per the City's agreement, all unmarked carts will be destroyed and not returned to any stores. City Attorney Rachel Richman — stated that the carts with no tags will be considered abandoned, and stores who have not properly marked their property do not have a right to claim them. She then explained that these carts would be sent off somewhere else and get refurbished. Council Member Clark— inquired why it takes so long for carts to get picked up. Rosemead City Council Regular Meeting Minutes of September 24, 2013 Page 8 of 11 Management Analyst Sullivan stated that to his understanding, the service is responsive within a day or two, and the City can also send Staff out to pick up carts. Council Member Clark — stated that she has heard that it takes a long time to get picked up, and that the City should look into enforcing the ordinance which states that carts cannot be removed. She then stated that the California Grocers Association sent a letter suggesting implementing an ordinance to mandate cart retrieval services for all markets which use shopping carts, and a good idea might be to mandate the stores which do not offer locking devices. Council Member Armenta — stated that she has spoken to Chris Marcarello, the Director of Public Works, for countless hours trying to come up with a solution, and stressed that all suggestions from residents are being taken into consideration. She explained that the City can educate residents, but they have to be willing to partner with the City and help out. She warned against overly burdensome mandates, and stated that the letter from the California Grocers Association warned that markets can leave the City if these occur. She then stated that a business friendly balance must be reached, and suggested the City look into Santa Clarita, since they seem to be succeeding in their efforts. She stressed the importance of educating the community, and suggested that the Beautification Committee look into producing flyers and speaking to markets. Council MemberAlarcon — asked how long the City has worked with this cart retrieval company. Management Analyst Sullivan — stated that he did not know. Council MemberAlarcon — stated that he has called many times, telling them he is just a resident, and they have always been responsive with a turnaround time of two days. Mayor Low— stated that she agreed with Mr. Aplanalp, and said that the City spends a lot of time worrying about picking up the carts, but not about the root of the problem. She then explained that the City needs to come up with a way to educate the residents, and fix the problem of the carts getting out there in the first place. She stressed the importance of education, and offered her help with the Chinese community. She suggested handing out citations to offenders so that they can understand that this is not acceptable. She then explained that she understood that people might need carts to take their groceries home, and suggested getting involved with charity organizations to see if they can help provide push carts for seniors. Council MemberArmenta — stated that the Public Works staff is looking into possibilities of providing personal shopping carts, and suggested offering these carts in exchange for shopping carts if they see someone actively using one. She stated that residents would then understand why they are getting exchanged, and understand that it is against the law. She then stated that these carts are about $25 each. Mayor Low— stated that she did not want to spend City money on this issue, since it is not specifically a Rosemead problem, and more so a San Gabriel Valley issue. She then reiterated that a charity organization getting involved would be the best solution. Council Member Ly— stated that this issue is similar to the graffiti issue, as it is considered blight, it's criminal, and Staff's course of action of the issue is to clean it up. He then inquired if overall attempts of graffiti have dropped over the last couple of years. Rosemead City Council Regular Meeting Minutes of September 24, 2013 Page 9 of 11 City Manager Allred — stated that it is a daily abatement effort, and it might have dissipated somewhat, but it is still a daily occurrence. Council Member Ly— stated that as a resident, he has seen a lot less graffiti overall, and he commended the City for doing a great job at a fast pace. He then stated that the City is trying to combat the root of the problem when it comes to graffiti, therefore should work on the root of the problem for these shopping carts as well. He stressed the importance of education, but stated that this issue would happen regardless, so focusing on removing the carts is just as important. Mayor Low— agreed with Council Member Ly in regards to the similarities with the graffiti and shopping carts problem, and stated that the City looks cleaner because the problem gets painted over. She then stated that if the actual occurrence has not gone down, then the problem is still there. She then stressed the importance of fixing the root of the problem as opposed to removing the carts, and making sure people understand that what they are doing is illegal. Council MemberArmenta — suggested citing people, but offering the solution of either paying the citation or buying a push cart instead. Mayor Low— agreed that it was a good idea, suggested that Code Enforcement officers just stop people they see on the streets with carts if they happen to catch them. Council Member Clark— asked if the next City newsletter can have a section which states that removing the carts is a crime, in four languages, so residents can be aware that it is illegal. Mayor Low— agreed that it is a good idea, and stated that if citations were handed out, it would only take a couple of occurrences before word got out and people stopped doing it. Council MemberArmenta — suggested generating a flyer in English, Spanish, Chinese, and Vietnamese to hand out to markets and residents. City Manager Allred — stated that Staff will regroup, consider all suggestions, and report back. 6. MATTERS FROM MAYOR & CITY COUNCIL Council MemberArmenta — stated that the conference she just returned from offered by the League of California Cities has been the best thus far. She stated that it was great to bond with the council members, and commended the sessions, especially the one about water mandates and the session hosted by David Rosenberg. She then explained that they attend to learn and bring this knowledge back to the community in order to improve it. Council Member Ly— agreed with Council Member Armenta, and stated that he learned a lot about difference infrastructure issues, water, and he enjoyed listening to economists speak. Rosemead City Council Regular Meeting Minutes of September 24, 2013 Page 10 of 11 Council Member Clark— stated that she was notable to attend because she went to the National League of Cities Energy Environment Committee in Florida, and it was helpful to see what other cities across the nation were doing in their own towns. 7. ADJOURNMENT Mayor Polly Low adjourned the meeting at 8:27 p.m. The next regular City Council Meeting is scheduled to take place on October 8, 2013 at 7:00 p.m. in the Rosemead City Hall Council Chamber. Polly Lo Mayor ATTEST: Gloria Molleda City Clerk Rosemead City Council Regular Meeting Minutes of September 24, 2013 Page 11 of 11 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 meeting minutes from September 24, 2013 was duly and regularly approved and adopted by the Rosemead City Council on the 12th of November 2013, by the following vote to wit:. Yes: Alarcon, Armenta, Clark, Low, Ly, No: None Abstain: None Absent: None Gloria Molleda City Clerk