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CC - Minutes - 07-14-15 MINUTES OF THE CITY COUNCIL, HOUSING DEVELOPMENT CORPORATION AND THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING July 14, 2015 The meeting of the Rosemead City Council was called to order by Mayor Clark at 7:00 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE—Mayor Pro Tem Armenia INVOCATION—Council Member Alarcon PRESENT: Mayor Alarcon, Mayor Pro Tern Clark, Council Members Armenta, Low ABSENT: Council Member Ly STAFF PRESENT: City Manager Alfred, City Attorney Richman, Assistant City Manager/Acting Public Works Director Hawkesworth, Community Development Director Ramirez, Director of Parks and Recreation Montgomery-Scott,Chief of Police Lt. Somoano, and Interim City Clerk Cowley. 2. PUBLIC COMMENTS FROM THE AUDIENCE Lilian De Loza-Gutierrez introduced herself as the new Field Deputy for the San Gabriel Valley area on behalf of Los Angeles County Metro. She was available to the City Council and members of the public for any Metro related issues. Mayor Clark asked, that Item 6A be considered at this time. 6. MATTERS FROM CITY COUNCIL A. Active Duty Military Leave for Council Member Ly; and Consideration of Temporary Appointment of Jean Hall to the City Council Mayor Pro Tern Armenia stated this would be the second time that Ms. Hall would be appointed to sit in for Council Member Ly while he was on active duty military leave. Ms. Hall made very sound decisions when she was appointed the first time, and Ms. Armenta didn't see any reason not to re-appoint Ms. Hall in the interim during Mr. Ly's absence. Council Member Polly Low agreed stating Ms. Hall did a wonderful job the first time. ACTION: Mayor Pro Tern Armenta moved,and seconded by Council Member Low,to appoint Jean Hall in the interim City Council position while Council Member Ly was on military leave. The motion carried unanimously by the following roll call vote of the council members Rosemead City Council,Housing Development Corporation,and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of July 14, 2015 Page 1 of 9 present: AYES: Alarcon,Armenia,Clark,and Low. Council Member Ly was absent. Cathy Hammond, daughter of Jean Hall, who was deputized by the Interim City Clerk administered the Oath of Office to Jean Hall. Ms. Hall thanked the City Council for their support and took her seat at the dais. 3. PRESENTATION • Introduction of Carol Cowley City Manager Allred introduced the City Council to the newly appointed Interim City Clerk who would serve until a new City Clerk was hired. • Introduction of new Beautification Committee members Mayor Pro Tern Armenta,who serves as the Chair of the Beautification Committee introduced the new Beautification Committee members James Berry, who will serve as the Vice-Chair of the Committee. Ms. Armenta announced the names of Veronica Pena, and Katrina Padilla, who were not present at the City Council meeting. Ms. Armenta advised the Council and audience of some of the events the Committee has planned for this year. Mr. Berry thanked the City for appointing him to the Beautification Committee and was looking forward to serving on the committee. Thereafter the City Council and Mr. Berry posed for photographs. 4. CONSENT CALENDAR Mayor Clark pulled Consent Calendar Items B and C from the Consent Calendar to be discussed and acted on separately. A. Claims and Demands • Resolution No.2015—40 Recommendation: to approve Resolution No.2015—40, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF$734,637.09 NUMBERED 89161 THROUGH 89280 INCLUSIVELY • Resolution No.2015—41 Recommendation:to approve Resolution No. 2015—41, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF$855,683.08 NUMBERED 89281 THROUGH 89316 INCLUSIVELY • Resolution No. 2015—14 Recommendation: to approve Resolution No.2015—14, entitled: A RESOLUTION OF THE CITY OF ROSEMEAD AS THE SUCCESSOR AGENCY OF THE ROSEMEAD COMMUNITY Rosemead City Council, Housing Development Corporation, and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of July 14, 2015 Page 2 of 9 • DEVELOPMENT COMMISSION ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF$414,413.44 NUMBERED 10132 THROUGH 10136 • Resolution No.2015—07 Recommendation:to approve Resolution No. 2015—07,entitled: A RESOLUTION OF THE ROSEMEAD HOUSING DEVELOPMENT CORPORATION ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF$204,800.00 NUMBERED 1575 D. Approval of Professional Services Agreements for on-call Engineering Services Recommendation: That the City Council approve the professional services agreements with the attached engineering services firms to provide as needed on-call professional services and authorize the City Manager to execute the agreements. E. Authorized Signers on Bank Accounts—City Council Resolution No. 2015-43 and Successor Agency Resolution No.2015-15 Recommendation: That the City Council approve Resolution No. 2015-43 and Successor Agency Resolution No. 2015-15 authorizing the Mayor, Mayor Pro Tem, City Council members, City Manager and Assistant City Manager as signers on the City's bank accounts at Bank of the West. F. Authorized Signers on Bank Accounts—RHDC Resolution No. 2015-08 Recommendation: That the RHDC Board approve Resolution No. 2015-08 authorizing the President,Vice President, Directors, Executive Director and Assistant City Manager as signers on the RHDC bank account; remove the name of the former Secretary, Gloria Molleda; and appoint the Interim City Clerk, Carol Cowley as the Corporation Secretary until a replacement Secretary can be appointed. G. Confirmation of Appointment of Interim City Clerk Recommendation: That the City Council confirm the temporary appointment of Carol Cowley as Interim City Clerk ACTION: Council Member Polly Low moved, and Council Member William Alarcon seconded,to approve the Consent Calendar consisting of Items A through G,excluding Items B and C which was pulled for discussion. The Motion unanimously carried by the following roll call vote: AYES: Alarcon,Armenta, Clark, Hall, and Low. ITEM REMOVED FROM CONSENT: B. Ordinance No. 951 —Second Reading: Approving Municipal Code Amendment(MCA) 15-02 and Amending Chapters 17.04 and 17.72 of Title 17 of the City of Rosemead Municipal Code Relating to Regulations for Nonconforming Uses,Structures, Lots, and Parking Facilities. Rosemead City Council, Housing Development Corporation, and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of July 14, 2015 Page 3 of 9 Recommendation: That the City Council Adopt Ordinance No. 951 at its second reading. Mayor Margaret Clark requested this item be pulled because the ordinance required the notarized signature of the neighbors. She expressed concern that obtaining a notarized signature could be an issue if someone was out of the country. Ms. Clark advised Staff has modified the language that she felt would be more sufficient. Community Development Director Ramirez advised that on page 9, Section 1.b, the ordinance requires adjacent property owners have their signatures notarized. Staff would remove the word"notarized'from that section of the ordinance. Item 2.a would be re-worded to read, "The applicant provides signed written consent on a form created by the City from all properly owners of land abutting the subject property and submits a notarized sworn declaration on a form created by the City, stating that the declaration is made under penalty of perjury that all written consents are true and accurate." This language would put the burden of notarization on the applicant and the applicant was certifying that all of the signatures were true and accurate. The City Attorney has approved this new language and staff was also comfortable with it. Molly Sun addressed the City Council expressing her concern about the notarized signatures, which required a fingerprint and driver's License. She also asked what would happen if the neighbor was out of the Country. It was explained to Ms. Sun that with the revisions to the Ordinance, notarization would be required of the applicant only, not the abutting neighbors,any longer. Before the matter could go to the Planning Commission,the applicant would have to obtain the signature which could be transmitted by email. Huey Chea addressed the City Council in support of the modifications being made to the ordinance because it was difficult to obtain notarized signatures and the proliferation of identity theft. Nan Band, a member of the audience also supported the modifications being made to the ordinance. City Attorney Richman, advised the City Council that because the change to the ordinance was substantive, it would be a first reading rather than adoption, and thereafter read the title of Ordinance 951, waiving further reading into the record as follow: ORDINANCE NO 951 AN ORDINANCE OF THE CITY C APPROVING MUNICIPAL CODE AMENDMENT(MCA)15-02 AND AMENDING CHAPTERS 17.04 AND 17.72 OF TITLE 17 OF THE CITY OF ROSEMEAD MUNICIPAL CODE RELATING TO REGULATIONS FOR NONCONFORMING USES, STRUCTURES, LOTS,AND PARKING FACILITIES. Council Member Low thanked Mayor Clark for bringing this matter to attention so modifications could be made. ACTION: Council Member/Board Member Low moved, and seconded by Council Member/Board Member Armenia,to approve Ordinance 951 with the language modifications on first reading,and to waive further reading. The motion unanimously carried by the following roll call vote: AYES: Alarcon,Armenta,Clark, Hall,and Low. Rosemead City Council, Housing Development Corporation,and the Successor Agency to the Rosemead Community Development Conmussion Joint Meeting Minutes of July 14, 2015 Page 4 of 9 C. Adoption of Resolution 2015-42 Setting the Fee for Shopping Cart Containment Plan Recommendation: That the City Council adopt Resolution 2015-42 authorizing the Shopping Cart Retrieval and Containment Plan fee. City Manager Allred provided a brief report explaining that this resolution would approve the Shopping Cart Containment Plan and set the processing fee at$100. He advised the actual cost to process the plan would be more than$500; but in an interest to be business friendly staff was recommending the fee be$100. Brian Lewin addressed the City Council in opposition to the amount of the fee, comparing it to a cost recovery incentive that would be given to businesses who brought new business to the City. He felt the stores were responsible for creating this issue and the City should not give the stores a break on cost recovery for causing the public nuisance. He suggested Council consider raising the fee to bring it closer to full cost recovery. City Manager Allred clarified that this ordinance was required of all stores or markets that have ten or more shopping carts; explaining that this ordinance did not pertain only to the offenders. Thereafter followed a discussion regarding Waimart and the locking mechanisms placed on their carts. City Manager Allred, in response to Mayor Clark's inquiry, noted that there has been very few problems with Walmart's shopping carts. Mayor Clark suggested if it was found that the offenders were not enforcing their plan, this issue be brought back at a later time to raise the fines on the offenders. City Attorney Richman clarified that this issue was only about the plan; explaining that the Code was set up so that the City could pursue the store owners if their plan did not work. ACTION: Council Member/Board Member Low moved,and seconded by Council Member/Board Member Armenta to adopt Resolution 2015-42 authorizing the Shopping Cart Retrieval and Containment Plan fee. The motion unanimously carried by the following roll call vote: AYES: Alarcon,Armenta,Clark, Hall,and Low. 5. MATTERS FROM CITY MANAGER &STAFF A. Paratransit System Update Recommendation: That the City Council provide input and direction regarding the transit system RFP or bus acquisition process if any changes are required. City Manager Allred acknowledged that this item was placed on the agenda by Mayor Pro Tem Armenta. He advised that the City was currently circulating a Request for Proposal (RFP) for the paratransit system provider for the Dial-A-Ride program as well as the fixed route Rosemead Explorer program. Mayor Pro Tem Armenta provided the City Council, City Manager, and City Attorney with a written packet of material, copies of which were made available to the public, at the meeting. Ms. Armenta advised the City Rosemead City Council, Housing Development Corporation, and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of July 14, 2015 Page 5 of 9 Council that the original staff report for the purchase of the vehicles did not specify the type of fuel the transit buses would use. She noted the specifications did specify the type of fuel but the actual report did not. She advised that she realized, after the fact, that the buses would use gasoline. She stated that there were vehicles available that use LPG, which was propane. Her research has revealed that LPG was typically $1.19 per gallon versus gasoline which was much higher than$4.00 per gallon. In speaking with the current provider she was advised that they use six buses, of which only one is gas- powered. She also spoke to the Finance Manager at the City of La Puente who purchased three LPG buses for a total of $240,000, or$80,000 each. She read a paragraph from the information packet she presented to Council that indicated that LPG was one of the most important alternatives to gasoline. She expressed her inability to approve converting from a green fleet back to a gas-driven fleet and expressed her frustration for not having done her due diligence before making a decision to approve the purchase of gasoline buses. She expressed her disappointment that staff did not provide more Information in the staff report so the City Council could make a more informed decision. She asked that the matter be brought back for reconsideration because in good conscience she could not approve purchasing gas-powered vehicles. Council Member Low thanked Council Member Armenta for bringing this matter to the Council's attention. She remembered reading the staff report and felt it wasn't very clear in comparing costs or pointing out the different types of vehicles. She thought this Council wanted to go green as much as possible, and the fact that these vehicles were not green,should have been brought to the City Council's attention. In response to Council Member Alarcon's question regarding receiving three bids, City Manager Allred advised that the purchase was made through the California Association for Coordinated Transportation (CALAT) which was a bulk purchaser who bids state wide to obtain the best price possible for the vehicles and other public agencies can piggy-back on the purchase. Council Member Alarcon suggested that this might not be an apples to apples comparison. City Manager Allred advised that the City bought two types of vehicles; one type for the fixed route and a separate type for the Dial-A-Ride Program. Each had different specifications and different amenities. One was for$77,000 and the one for Dial-A-Ride was$64,000, and Staff didn't know what La Puente's specifications were and whether the comparison was apples to apples. Council Member Low stated she would be curious to compare the City's specifications to those of La Puente. If they were very similar, it might be that piggy-backing was not the way to go. She suggested that staff get the information from La Puente and make the comparison. Council Member Armenta added that she wanted to make sure the City's service would not decline because of the reduction from six buses to five buses. She also wanted to know the cost difference per year between the provider's gas-driven bus and the other five propane buses. She advised that LPG was "liquefied petroleum gas"which was propane and butane mixed together. Council Member Alarcon asked if the price of LPG fluctuated as much as the price of gas. Rosemead City Council, Housing Development Corporation, and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of July 14, 2015 Page 6 of 9 Council Member Armenia responded stating that according to her research, LPG and CNG prices stay stagnant; however gas fluctuates. She indicated even if the City spent an additional$150,000 for LPG vehicles; the length of time it would take to spend that much money on gasoline. Mayor Clark said she had to agree with Ms. Armenia in the sense that she wished the City Council would have been provided with the pros and cons of the different options before them in April so that the City Council could have made the decision. However, referring to the information that was provided to the City Council by Ms. Armenta, she pointed out that some of the disadvantages of LPG were safety and cost. The article talked about explosions of canisters on building sites were far from uncommon and since it was highly flammable transporting by road and storing in large tanks in populated areas was dangerous. The article also said that LPG was several times more expensive than natural gas. Mayor Clark's understanding was that the City already purchased the buses and expressed concern if the City tried to sell them back the City could be held liable. In response to a question regarding the length of time of the cycle, City Manager Allred advised that the contract would be for five years and this was the first time the City has purchased vehicles. In the past the vehicles were owned by the provider. The buses have a useful life of from seven to ten years. Thereafter followed a discussion regarding the safety issues and where the buses could be refueled. Assistant City Manager/Public Works Director Hawkesworth advised that the current provider Southland Transit has a propane fueling station at their yard. Council Member Armenta asked that this item be brought back for consideration. In response to Council Member Alarcon's question regarding the City's financial obligation, City Manager Allred advised that the buses have already been ordered and manufactured; if the City wanted to back out, the City would have to find a buyer for those buses. Council Member Armenia stated that she would call the company tomorrow. Mayor Clark asked what the pleasure of the Council was. Council Member Low felt the City needed to get the data, but not do anything since the buses have already been purchased, unless Ms. Armenta could talk them into a no cost return. She asked if this matter could be tabled until Council Member Armenta got the information before making a decision. Mayor Clark added that if the matter was tabled she would like more research into the pros and cons of the various fuels because the City Council's packet contained a chart from the Air Quality Resources Board who were very strict on their regulations. The chart indicated gasoline was below in three of the standards set by the California Air Quality Board and was certified by the California Air Resources Board as being compliant with their standards;whereas LPG was only lower in one of the standards. Mayor Pro Tern Armenta interjected that costs also needed to be included in the research. After further discussion on the research to be done, Mayor Pro Tem Armenta stated she would be asking to have this Rosemead City Council, Housing Development Corporation,and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of July 14, 2015 Page 7 of 9 item brought back, because she could not approve it. City Attorney Richman clarified that the City Council has a right to bring back an issue for reconsideration for a period of up to five days after the action; however, if Mayor Pro Tern Armenta wanted the matter brought back she could only indicate for the record that had she had the information at the time the action was taken, she would not have voted in favor of the action. City Attorney Richman indicated she would be happy to review the contract to see what the provisions were for default or termination so that the City Council would have the information as to what was agreed upon. After a brief discussion, it was determined that the item would be brought back to Council at the first meeting in August. , 7. COUNCIL COMMENTS Council Member Polly Low commented on the success of the July 4th parade and fireworks show. She also commented on the 5 K run. Council Member Sandra Armenta also commented on the 4t^of July events and thanked the Parks and Recreation Department for accommodating her family who were having their first family reunion. Family came all the way from Texas and Arizona. Council Member Armenta also discussed the issue of illegal fireworks that were extensive throughout the City and she received numerous phone calls, and text messages from constituents. She suggested that once the fireworks show ends, sheriffs could go throughout the City and patrol. Council Member Low also commented on the illegal fireworks being so widespread and asked that the Chief of Police advise the Council on what could be done next year to reduce the problem. City Manager Allred advised the Council that staff has had discussions with Lt Somoano and one recommendation was to increase the fine to$1,000 for possession of illegal fireworks; noting it was currently$250. Thereafter followed a continued discussion regarding the issue of illegal fireworks and additional resources for next year. Mayor Margaret Clark announced the upcoming Concerts in the Park beginning with Phat Cat Swingers on Friday, July 17th in Garvey Park at 7:00 p.m.; Friday, July 24th The Reflexx in Rosemead Park at 7:00 p.m; on July 31st Cauldron Band in Garvey Park at 7:00 pm; and on Friday, August Ts,the Hodads in Rosemead Park at 7:00 p.m. Mayor Pro Tem Armenta also reminded everyone about the Skatepark meeting on Wednesday, July 22, 2015 from 6:00 pm to 8:00 pm at the Rosemead Community Center. Mayor Clark also announced the Public Safety meeting at Willard Park on July 16, 2015. She then thanked staff for their hard work on the Fourth of July events; noting it was a wonderful day. Rosemead City Council, Housing Development Corporation, and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of July 14, 2015 Page 8 of 9 8. ADJOURNMENT There being no further business to come before the Council, Mayor Clark adjourned the meeting at 8:15 p.m.The next regular City Council meeting is scheduled to take place on July 28,2015 at 6:00 p.m. in the Rosemead City Hall Council Chamber. Margaret DElirk Mayor ATTES • tt It as Carol Cowley, terim City Clerkl CERTIFICATION STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD I, Carol Cowley, Interim City Clerk for the City of Rosemead, do hereby certify that the regular meeting minutes from July 14, 2015, was duly and regularly approved and adopted by the Rosemead City Council on the 28t of July 2015,by the following vote to wit: AYES: Armenta, Clark, Hall, Low NOES: None ABSTAIN: None ABSENT Alarcon arol Cowie % Interim City Clerk Rosemead City Council, Housing Development Corporation,and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of July 14,2015 Page 9 of 9