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CC - Minutes - 10-14-14 Minutes of the City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting October 14, 2014 The joint meeting of the Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission was called to order by Mayor Alarcon at 7:03 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE—Council Member/Board Member Armenta INVOCATION: Council Member/Board Member Low PRESENT: Mayor/Chair Alarcon, Mayor Pro TemNice-Chair, Clark, Council Members/Board Members Armenta, Low and Ly STAFF PRESENT: City Manager Allred, City Attorney Richman,Assistant City Manager/Public Works Director Hawkesworth, Community Development Director Ramirez, Director of Paths and Recreation Montgomery-Scott,Acting Finance Director Chu, and City Clerk/Director of Public Information and Communications Molleda. 1. PUBLIC COMMENTS FROM THE AUDIENCE Brian Lewin - invited the City Council to a Beautification Committee event for a street clean up on Garvey Avenue and Del Mar Avenue and encouraged interested volunteers to attend. Julie Gentry—expressed concern with private property owners renting their parking lot to tour busses and having their passengers' park on residential streets. Council Member/Board Member Armenta stated she was under the impression that passengers were from Rosemead. Chester Junq—stated that most of the passengers are not Rosemead residents or seniors. Mr. Jung suggested that the property owners renting their parking lots to the bus companies also allow the passengers to park in their private lots. Council Member/Board Member Ly clarified to Mr. Jung that the City had banned casino buses and they were not allowed to park in public dght-a-ways. However, buses can park on private property, which is governed under property law. Mr.Junq- reiterated that they have brought their concerns to the City on three different occasions over the years in regards to overcrowding of parking on public streets as a result from the casino and tour buses. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of October 14, 2014 Page 1 of 12 City Manager Allred asked Mr. Jung to clarify on what other occasions this matter was brought to the City Council. Mr.Junq-replied he had brought these issues to Council Member Clark and other Council Members at a fundraiser some years back. City Manager Allred explained that the ordinance that is on the agenda is identical to the City of San Gabriel's tour bus ordinance. Council MemberNice-Chair Clark stated that the City has not solved the parking problem on residential streets. 2. PRESENTATIONS • Crime Prevention Month Proclamation Public Safety Coordinator Mandy Wong spoke about crime prevention efforts. Mrs. Wong explained that due to the great relationship the City has with the Los Angeles County Sheriffs Department Temple Station it's allowed the City to implement various public safety programs and city wide events. Mrs. Wong invited the public to attend the Community Area Watch meeting on October 16th at Evergreen Baptist Church. Council Member/Board Member Clark stated the Area Watch meetings are informative on current crimes that are occurring in the City. • Domestic Violence Awareness Month Proclamation Council Member/Board Member Armenta stated she is part of the San Gabriel Valley Coalition Against Domestic Violence. Ms.Armenta explained that along with neighboring cities and their local officials they are conducting a purse drive and requesting donations for purses and personal toiletries. 3. PUBLIC HEARING A. Consolidated Annual Performance and Evaluation Report(CAPER)for FY 2013-14 The Community Development Department has completed its Consolidated Annual Performance Report (CAPER) for the July 1, 2013 through June 30, 2014 fiscal year. The CAPER describes the overall use of federal Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) funds received from the Department of Housing and Urban Development (HUD) in relationship to the needs of the community as outlined in its FY 2013-14 Annual Action Plan. The overall objective of the CDBG and HOME programs is the development of viable communities by providing decent housing, a suitable living environment and expansion of economic opportunities primarily for low-to- moderate income persons. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of October 14, 2014 Page 2 of 12 Recommendation: That the City Council conduct a public hearing and take public testimony on the City's FY 2013-14 Consolidated Annual Performance and Evaluation Report. No further City Council action is necessary. Community Development Director Ramirez reviewed the staff report. Mayor/Chair Alarcon open the public hearing at 7:28 p.m.; there being no comments from the public the public hearing was closed at 7:28 p.m. 4. CONSENT CALENDAR A. Minutes July 8, 2014- Regular Meeting July 22, 2014—Regular Meeting August 12, 2014—Regular Meeting B. Claims and Demands • Resolution No. 2014—46 Recommendation:to approve Resolution No. 2014—46, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,153,355.63 NUMBERED 86227 THROUGH 86370 INCLUSIVELY • Resolution No. 2014—47 Recommendation: to approve Resolution No. 2014—47, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $588,455.84 NUMBERED 86371 THROUGH 86507 INCLUSIVELY Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of October 14, 2014 Page 3 of 12 • Resolution No. 2014- 19 Recommendation: to approve Resolution No. 2014— 19, entitled: A RESOLUTION OF THE CITY OF ROSEMEAD AS THE SUCCESSOR AGENCY OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $518,578.43 NUMBERED 10099 INCLUSIVELY • Resolution No. 2014—20 Recommendation: to approve Resolution No. 2014—20, entitled: A RESOLUTION OF THE CITY OF ROSEMEAD AS THE SUCCESSOR AGENCY OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,415.80 NUMBERED 10100 INCLUSIVELY E. March 3,2015 General Municipal Election The City Council will consider approving Resolution No. 2014-48 calling and giving notice of the holding of a general municipal election to be held on Tuesday, March 3, 2015, for the election of certain officers as required by the provisions of the laws of the State of California relating to general law cities; Resolution No. 2014-49 requesting the Board of Supervisors of the County of Los Angeles to render specified services to the City related to the conduct of a general municipal election on Tuesday, March 3, 2015; Resolution No. 2014-50 adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters during city elections; and Resolution No. 2014-51 providing for the conduct of a special runoff election for elective offices in the event of a tie vote at any municipal election. Recommendation: That the City Council approve Resolution No. 2014-48, Resolution No. 2014-49, Resolution No. 2014-50, and Resolution No, 2014-51, respectively,entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 3, 2015, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of October 14, 2014 Page of 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 3,2015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, MARCH 3, 2015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT ANY MUNICIPAL ELECTION F. Hellman Avenue/Del Mar Avenue Intersection Improvements Project—Award of Contract Design Engineering As part of the City's Fiscal Year 2014-15 Capital Improvement Program, the City Council approved a project entitled, "Hellman Avenue/Del Mar Avenue Intersection Improvements". The project will replace the existing intersection at Hellman Avenue and Del Mar Avenue with new concrete paving as well as the construction of colored concrete crosswalks, traffic signal upgrades, traffic stripping, miscellaneous sidewalk, and other appurtenances. This project is funded through Federal Surface Transportation Local Funds (STP-L) through the Los Angeles County Metropolitan Transportation Authority (LACMTA) in the amount of$450,000. Recommendation: That the City Council authorize the City Manager to enter into a contract with CEJ Engineers, Inc. for design engineering services for the Hellman Avenue/Del Mar Avenue Intersection improvements project in an amount of $37,500 and authorize a contingency of$5,750 (approximately 15%) to cover the cost of any unforeseen elements in the design process. Council Member/Board Member Steven Ly made a motion, seconded by Council Member/Board Member Sandra Armenta to approve the Consent Calendar with the EXCEPTION of item nos. C and D. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of October 14,2014 Page 5 of 12 C. Ordinance No. 943—Second Reading: Modifications to Rosemead Municipal Code Section 10.24 Regarding Private Bus Operations On September 23, 2014, the City Council introduced Ordinance No. 943, amending section 10.24.060 and renumbering sections of chapter 10.24 of the Rosemead municipal code regarding regulations for the operation and parking of private buses. Ordinance No. 943 is now before Council at the required second reading for adoption. Recommendation: That the City Council adopt, at its second reading, Ordinance No. 943, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING SECTION 10.24.060 AND RENUMBERING SECTIONS OF CHAPTER 10.24 OF THE ROSEMEAD MUNICIPAL CODE REGARDING REGULATIONS FOR THE OPERATION AND PARKING OF PRIVATE BUSES City Manager Allred reviewed the staff report. Chester Junq-expressed concern about the tour buses not bringing in people to only shop at stores in Rosemead. Mr. Jung stated there was no economic gain because tourist will shop at only two stores. City Manager Allred reiterated that the existing prohibitions on casino buses would be upheld in Ordinance No. 943. Mr.Allred further explained the ordinance would allow tour buses to come in to Rosemead to shop and dine at restaurants between the hours of 5:00 p.m. to 10:00 p.m. The ordinance would not allow any new passengers to be loaded in the buses and it will require tour buses to produce an itinerary or roster. Council Member/Board Member Armenta stated that staff has heard a lot of testimony and gone back and forth with the bus and parking issues. She reiterated that the buses bringing in the patrons to shop and eat in Rosemead should not affect the parking because they are being picked up at hotels. Ms. Armenta added that the biggest concern is with parking affecting residential areas. She asked Mr. Jung to clarify his comments in regards to the parking issues. Mr.Junq- responded that the residents are concerned with the casino buses because they take up space and a majority of the passengers do drive in to Rosemead. City Manager Allred reemphasized the ordinance brought to the City Council would preserve the ban of buses parking beyond city streets. It also prohibits buses from loading passengers on city streets. He further explained that tour buses that come in to the City between the hours of 5:00 p.m. to 10:00 p.m. can unload passengers to shop or dine, but no new passengers can be loaded. Council Member Armenta expressed that the issues are with the casino buses that have patrons drive in to the City and park on city streets. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of October 74,2014 Page 6 of 12 Council Member/Board Member Ly stated the discussion of the item should be about tourism in the City. He reiterated City Manager's comments and stated the ordinance focuses on the impact of traffic and parking towards the residents. Mayor Pro TemNice-Chair Clark clarified that the ordinance before the City Council was for a second reading affecting tour buses from the hotels to the shopping areas. Mrs. Clark asked for clarification on what ordinance passed regarding casino buses. City Manager Allred replied the ordinance regarding casino buses was Ordinance No. 941 and was passed and approved in July. Mayor Pro TemNice-Chair Clark stated since it's a separate ordinance that dealt with casino buses, she request that Council revisit the ordinance for review and maybe provide parking to their passengers to park in the private property lots. She expressed concern with Ordinance No. 941 because she felt it did not fully address unintended consequences with parking. City Attorney Richman clarified that the Council was directing staff to look at sections of the municipal code that were implemented under Ordinance No. 941. City Manager Allred reiterated Council Member Clark's comments and asked staff to bring back Ordinance No. 941 for review by the City Council and address the matter of whether the ordinance can be modified to require property owners to provide parking for patrons of these buses. Council Member/Board Member Low clarified that Ordinance No. 943 is to support the tour buses and to have staff continue to monitor the casino buses. Council Member/Board Member Armenta stated the City will monitor these issues every six months to make sure that residents are not being affected and added that she appreciated the residents coming to express their concems at the meeting. Council MemberlBoard Member Polly Low made a motion, seconded by Council Member/Board Member Steven Ly to adopt Ordinance No.943 at its second reading.Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None D. Consideration to reschedule the November 11,2014 City Council Meeting and Cancel the December 23, 2014 City Council meeting Due to the upcoming holidays, the City Council will consider action to reschedule the November 11" City Council meeting to Monday, November 10th and cancel the December 23th, City Council meeting. The November 25th and December 9th City Council meetings will remain as scheduled. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of October 14, 2014 Page 7 of 12 Recommendation: That the City Council reschedule the November 11th, City Council meeting to Monday, November 10th and cancel the December 23rd, City Council meeting. Council Member/Board Member Ly requested that the November 25th City Council meeting also be cancelled. Council Member/Board Member Steven Ly made a motion,seconded by Council Member/Board Member Sandra Armenta to reschedule the November 11th meeting to November 10th and cancel the November 25th and December 23rd City Council meetings.Vote resulted in: Yes: Alarcon,Armenta, Clark, Low, Ly No: None Abstain: None Absent: None 5. MATTERS FROM CITY MANAGER& STAFF A. Review and Discussion of Rosemead Community Recreation Center Expansion and Façade Improvement Project On July 8, 2014, the City Council awarded a contract to CEM Construction for the Rosemead Community Recreation Center Expansion and Facade Improvement Project. In working through the execution of the contract, it has been determined that the contractor does not have the economic capacity to obtain a bond to cover the contract amount of $1,638,500. Based on a review of the Public Contract Code and conversations with the City Attorney, it is clear that there are no alternative bonding or security options available and the work may not be completed as originally awarded to this contractor. The contractor's inability to complete this contract and the cost difference between the next lowest bid (approximately $460,000) has caused staff to evaluate other alternatives for completing this project. Typically, the procedures in these situations would be to award the contract to the next lowest bidder or to reject all bids and solicit new bids for the project. Rather than simply move this project forward, staff has taken this opportunity to reevaluate the project relevant to the wants and needs of the community. Recently, the City Council has expressed a desire to build a skate park. Staff believes that building a"skate plaza" may be a realistic alternative to expanding the community center. The consideration of developing alternative plan(s) or proceeding with the original plan for the community center expansion will be presented for discussion by the City Council Recommendation: That the City Council provide direction to staff regarding options for redesign of the Rosemead Community Recreation Center Expansion Project. Assistant City Manager/Public Works Director Hawkesworth reviewed the staff report and presented a PowerPoint presentation, which is available in the City Clerk's office and city website. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of October 14,2014 Page 8 of 12 Joseph Giammanco-expressed concern with liability in putting a skate park so close to residential homes. Mr. Giammanco asked how the hours of operation were going to be enforced. City Attorney Richman explained that in the year 2000,the State created an exemption in the law for liability for cities. State law requires you to notify the public by posting a sign that the park will be unsupervised and users will be required to wear helmets and pads. City Manager Allred added that if a park is supervised then there will be more liability. With regards to the hours, the City would likely not have lighting in the plaza and therefore be a day time use only facility. Julie Gentry-stated residents had been waiting for the Rosemead Community Recreational Center to open up and were not aware of a skate park proposal. Mrs. Gentry also commended staff on a great job for graffiti abatement. Brian Lewin -asked why staff was not able to confirm that the contractor was not able to obtain a bond before accepting their bid. City Manager Allred explained that staff did check, and found out they could not get a bond for the project. Staff opened up to bid according to State law and conducted their due diligence. City Attorney Richman explained to Mr. Lewin that there is a requirement called a bid bond which is submitted at the time the bids are due. Obtaining an actual performance bond is an investment of time based on a surety and looking at the projects. Mr. Lewin—stated that a contractor should at least show the ability that they can obtain a bond. City Attorney Richman continued to explain that a contractor indicates that they can do the work. If a contractor cannot,the City can get money from the bid bond or reject the bid and award the bid to the next second lowest bidder. Council Member Low stated she was not convinced about having a skate park. However, after looking at the proposal, she liked the configuration of the skate park because it could be used for the uses. Mrs. Low added that she did not want to spend more money in building another building.Also, asked staff to look into protecting the residents from the noise of the skate park. Council MemberArmenfa stated it would cost more to house the youth than creating a skate park. Ms. Armenta added that most people misinterpreted skaters for gang members and that is not the case. She asked staff to look into noise from kids skating as well as having the youth get involved in planning the skate park. Council Member Ly stated he was a proponent of the skate park and represents a voice for the youth in the city. The City has two very active community centers and has seen many youth programs reduced or consolidation of programs. Mr. Ly stated he would like to see kids be more active rather than vandalizing or sitting around. He suggested that if the Public Services Division was to be relocated then that facility in Garvey Park can be turned into a use for the youth. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of October 14,2014 Page 9 of 12 Mayor Pro Tem Clark stated she visited the South El Monte skate park and a was very impressive. She described the skate park as being fenced in and it was not near residences. She opposed the proposed location of the skate park and asked staff look into partnering with schools for a possible skate park. Council Member Low asked what the City was going to do if the current plan for a skate park did not go through. City Manager Allred replied that it was best not to build another building because there is newly remodeled space at the Rosemead Community Recreation Center for meeting rooms. Council Member Armenta asked if it was possible to move the skate plaza to Zapopan Park. City Manager Allred replied no, because Southern California Edison would not permit it. Assistant City Manager/Public Works Director Hawkesworth stated there is no other place for a skate park. Council Member Armenta suggested a skate park at Duff Park. Council Member Ly suggested a skate park at Rosemead Park and asked that staff provide more detailed information and mitigating opportunities for building a skate park. Mayor Pro Tem Clark expressed concern because staff had already figured that a skate park could not be built anywhere else in the City. Council MemberArmenta replied that Council Member Ly and she are big proponents of a skate plaza and that staff was doing their due diligence in looking at every possible site. City Attorney Richman stated that from a staff prospective more direction was needed on the project itself. Assistant City Manager/Public Works Director Hawkesworth explained that there was no vote tonight required on the skate plaza item. He explained that there were still some concerns staff had to address, such as, location, noise, and hours of operation before making the skate park a reality. Mr. Hawkesworth reiterated that staff will do more research, investigating and reach out to the community on the potential of a skate plaza. Council Member Armenta inquired about a wrought iron fence around the skate plaza. Assistant City Manager Hawkesworth replied that a wrought iron fence would not be part of the contract. It was also a concern for hosting special events. City Attorney Richman explained that there is nothing prohibiting the Council from making a vote on direction. City Manager Allred stated that staff can complete the Rosemead Community Recreation Center renovations with the current quotes of time and materials. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of October 14, 2014 Page 10 of 12 Council Member Ly stated that he would make a motion to continue the renovations at the community center and that staff evaluate the space and mitigating the effects of a skate park plaza. Mayor Pro Tem Clark stated she objected in voting on the skate plaza issue. Council Member Ly asked to vote for the renovation item only. Council Member Steven Ly made a motion,seconded by Council Member Sandra Armenta to approve the continued renovation of the Rosemead Community Recreation Center with the existing quotes and material. Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None 6. MATTERS FROM MAYOR&CITY COUNCIL Council Member Ly asked that for future projects, staff look into using decorative coloring for sidewalks. Council MemberArmenta stated that the Beautification Committee is proposing a program called Rosemead in Bloom. The program would promote many different ways of putting art out in the streets and beautifying Rosemead. Council Member Low commended staff for removing the graffiti from the sidewalk in front of her home. 7. CLOSED SESSION Mayor Alarcon recessed the meeting to closed session at 8:59 pm. A. Public Employee Performance Evaluation Government Code Section 54957; Council Appointed Officials (City Clerk) The City Council reconvene from Closed Session at 9:26 p.m. The City Attorney Richman reported that the City Council took action by a 5-0 vote to give the City Clerk a five out five rating on her evaluation. 8. ADJOURNMENT The Meeting adjourned at 9:27 p.m. The next regular City Council meeting is scheduled to take place on October 28, 2014 at 7:00 p.m. in the Rosemead City Hall Council Chamber. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of October 14,2014 Page 11 of 12 William Alarcon, Mayor ATTEST: WILL �C M(Sl,L Gloria Molleda, City Clerk Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of October 14,2014 Page 12 of 12 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 regular meeting minutes from October 14, 2014, was duly and regularly approved and adopted by the Rosemead City Council on the 9th of December 2014, by the following vote to wit: Yes:Alarcon, Armenta, Clark, Low, Ly, No: None Abstain: None Absent: None bnlo, Wit om_ — Gloria Molleda City Clerk