CC - Item 5B - Minutes of October 28, 2014 MINUTES OF THE CITY COUNCIL AND THE
SUCCESSOR AGENCY TO THE ROSEMEAD
COMMUNITY DEVELOPMENT COMMISSION
JOINT MEETING
OCTOBER 28,2014
The joint meeting of the Rosemead City Council and the Successor Agency to the Rosemead Community
Development Commission was called to order by Mayor/Chair Alarcon at 7:01 p.m. in the Rosemead City
Council Chamber located at 8838 East Valley Boulevard, Rosemead, California.
PLEDGE OF ALLEGIANCE—Council Member/Board Member Low
INVOCATION: Council Member/Board Member Ly
PRESENT: Mayor/Chair Alarcon, Mayor Pro TemNice-ChairClark, Council Members/Board Members
Armenia, Low and Ly
STAFF PRESENT: City Manager Allred, City Attorney Richman,Assistant City Manager/Public Works
Director Hawkesworth, Community Development Director Ramirez,Director of Parks and Recreation
Montgomery-Scott,Acting Finance Director Chu,and City Clerk/Director of Public Information and
Communications Molleda.
1. PUBLIC COMMENTS FROM THE AUDIENCE
Bob Bruesch—invited the City Council to the Mayor's Prayer Breakfast at the Garvey Community Center on
November 11, 2014 at 8:30 am, and encouraged the public to attend. In addition, he invited Council Members
to attend a reception at the Garvey School District Office on Thursday at 6:00 pm to welcome new
Superintendent Anita Chu.
Brian Lewin—stated his concerns on a:recent incident that occurred on September 30, 2014, in which a Wal-
Mart undercover security officer chased<asuspect into a residential area and got into a physical altercation
with him in front of a residence. Mr. Lewin expressed his concern that security guards are not police and are
not trained and the incident could have resulted in a death. He felt that was a job for law enforcement and
hoped that Council would direct staff to advise the store that this type of activity was unacceptable and
created an unsafe environment for the residents.
Isaac Castillo—the City develop a skate park due to the number of times the skaters were ousted from the
areas where they skate. He added they cannot drive to locations where there is a skate park and unless one
is built in the City, they will continue to skate where they are not allowed.
Council Member/Board Member Armenta arrived to the meeting at 7:10 p.m.
Manuel Castillo—stated that the City needs a skate park because all of the skate parks are too far for the
kids to go without taking a bus which is complicated for kids. He also felt a skate park will help keep the kids
from skating in places where they should not be skating.
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Jeremiah Griselli—indicated that the City of Rosemead needs to generate more revenue and suggested a
way of doing so is through a skate park because there were so many children who have no other options. He
suggested the skate park be in the vicinity of Valley Boulevard due to the number of businesses and the bus
stops that surround the area.
Anthony Calderon—Expressed his support for a skate park in the City because Rosemead and the
surrounding areas have a large community of skateboarders, and it would be a safe and perfect place for
them to enjoy their pastime. It was also a good alternative to keeping kids off the streets.
Frank Miller—Reiterated the need and importance of building a skate park. He stated that in the last ten
years the San Gabriel Valley had seen an increase in skateboarders in the surrounding cities. He added that
kids have to travel for miles to enjoy the nearest concrete skate park. He felt that a skate park in Rosemead
preferably by the Recreation Center or in Rosemead Park would be ideal for skaters to enjoy. It would also
mean kids and teens would have a place to hang out and skateboard in a designated area that was safe.
Having a well-built skate park would attract visitors from all over, of all ages and backgrounds, and would
raise revenue for local businesses. Mr. Miller hopes Rosemead will consider the funding for a concrete skate
path and follow in the footsteps of other Los Angeles County cities.
City Manager Allred announced that the matter of a skate park would be discussed in the upcoming City
Council meeting on November 10, 2014 at 7:00 p.m.
Council Member/Board Member Armenta stated that since the subject of a skate park is not on the
agenda, further discussion will take place on the upcoming scheduled meeting which would be on Monday
because Tuesday was Veteran's Day and a holiday.
2. PRESENTATIONS
• National Family Caregivers Month Proclamation
City Manager Ailred announced that the month of November is National Family Caregivers Month and
introduced Mr. Lin to receive a proclamafion from the City Council,
Xing Zhou Lin—Emphasized the financial hardship of home caregivers who only make about$9.60 per hour
and the importance of increasing their wages. He requested the City Council bring forth a resolution for
caregivers in the City of Rosemead supporting a living wage increase of$15 per hour.
City Manager Allred read a Proclamation Recognizing November as National Caregivers Month.
Council Member/Board MemberArmenta acknowledged her gratitude for the service caregivers have
provided to her family.
The City Council presented the Proclamation to Mr. Lin.
3. CONSENT CALENDAR
A. Claims and Demands
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• Resolution No.2014-52
Recommendation:to approve Resolution No. 2014-52, entitled: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND
DEMANDS IN THE SUM OF $1,524,303.67 NUMBERED 86508 THROUGH 86665
INCLUSIVELY
• Resolution No.2014-21
Recommendation: to approve Resolution No. 2014 21 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 $100,981.52 NUMBERED 100 INCLUSIVELY
B. Amendments to Employment Agreement for City Clerk/Director of Communications
and Management Salary and Benefits Resolution
Recommendation: That the City Council: (1)Approve a modification to the Employment
Agreement for the City Clerldpirector of Communication,and (2)Approve Resolution No
2014-53: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA AMENDING RESOLUTION NO.:2014.13 THAT ESTABLISHES SALARY
RANGES AND BENEFITS FOR CLASSIFICATIONS IN THE MANAGEMENT SERVICE OF
THE CITY
ACTION: Moved by Council Member/Board Member Ly, and seconded by Council Member/Board Member
Low to approve the Consent Calendar consisting of Items A and B. The motion unanimously
carried by the following vote: AYES: Alarcon,Armenta, Clark, Low, Ly
4. MATTERS FROM CITY MANAGER&STAFF
A. Willdan Engineering Contract for Building and Plan Check Services
Recommendation: That the City Council authorize the City Manager to enter into a new three(3)
year agreement with Willdan Engineering with the option to extend the agreement for up to two (2)
additional years,consistent with the City's purchasing policy.
Community Development Director Michelle Ramirez reviewed the staff report.
Council Member Low asked for confirmation that the contract with Willdan was extended approximately a
year and a half ago.
City Manager Jeff Mired confirmed that approximately one and a half years ago Willdan's contract was
extended for two years by a unanimous vote, and staff was also directed to go out for bid.
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Council Member Low confirmed that although the contract was extended, it was best to go out to bid to see
if the City received other proposals that would save the City money.
City Manager Jeff Allred stated that was the direction staff has.
Mayor Alarcon stated that normally he would agree that the City go out to bid, but this was a unique
situation. Everyone he has talked to was very happy with Willdan because Wildan knows our facilities and
they know the City well. He expressed the concern of the residents that if the City went out to bid so the City
could save a percentage of costs, the City would have to start over. He wasn't sure it is worth it.
Council Member Armenta expressed her respect for Willdan, but the last time this came before Council,
Council directed staff to go out to bid after the last extension. She noted the City went out to bid for trash
services, and had the City not done that, the residents would not be getting the services they are currently
receiving at a reduced rate. She emphasized that the City Council should go out to bid in order to remain
transparent and consistent with its stated actions.
Mayor Pro Tern Clark agreed with Mayor Alarcon that the responses from the public of the service provided
by Willdan are positive. She expressed support in extending the contract with Willdan Services to save
money and avoid the process of hiring new personnel and getting acclimated.
Council Member Low thanked Jim Donovan of Willdan Services for the great job he provides to the
residents. She felt that it was fair to the residents for the City to go out to bid to make sure the City received
the best contract for the people. She agreed with Council Member Armenta that this is something the Council
said it was going to do and Council should follow through. She felt that overall it was a great thing for the
City.
Nancy Enq—shared that she has heard complements for the building inspector from contractors doing
projects in Rosemead the past two years. She supported the City to engage in a competitive Request for
Proposal for Building and Plan Check Services for the following reasons: First, the City has used the same
contractor for 33 years. Historical knowledge is important and it is also important to know what the latest best
practices are in the industry.The best way to learn this is through a competitive request for proposal to see
what other contractors are doing that the CRy may want to consider. Secondly, receipts from the Building and
plan check depends on activity levels and without knowing what the City's average receipts have been a
savings of$50,000 to$100,000 does not seem substantial to her. The RFP will allow the City to realize that
the savings and rate schedules for other related services from Willdan are indeed competitive.Third, the
City's efforts in the request for proposals for trash hauler services yielded tremendous benefits in terms of
cost savings and levels of services for residents and businesses. Mrs. Eng strongly urged the City to conduct
a competitive RFP for building and plan check and related services.
Brian Lewin—stated that the City has taken a lot of cost cutting measures including significant staff
reductions which has resulted in cost savings to the City. He felt that to go out to bid was the fiscally
responsible thing for the City to do. He stated that although Willdan's proposal is appealing in terms of
discounts, there might be a change in Willdan's proposal if there was competition. He queried whether the
City has ever gone out for bid in the 33 years that Willdan has been with the City,and if not, he wondered
how Rosemead can be a contract city if contracts are not put out for bid. He felt that if the City liked the
particular individuals,the City had the option of offering them employment.
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ACTION: Moved by Council Member Ly, and seconded by Council Member Low to direct staff to begin a
Request for Proposal process for the building and plan check process. The motion carded by the
following vote: AYES: Armenta, Low, Ly. NOES: Alarcon, Clark
B. Discussion of Complaints Regarding Private Bus Patrons Parking on Residential
Streets
Recommendation: That the City Council provide direction to staff regarding placement of an item
on the agenda for consideration at an upcoming Council meeting.
City Manager Allred reviewed the staff report.
Council Member Ly agreed with the direction the City Manager is proposing. He felt that it is important to
ban the practice and then revoke any previous agreements between the property owners and the bus
companies. He felt this was an all-out ban and that is what needs to be done to solve some of the problems
such as the trash, the use of facilities around the area, as well as people loitering in that area
City Attorney Richman commented that if there were any changes made to the code the two bus companies
that currently have a business license and agreement with the surrounding property owners will be
grandfathered in. She advised that as to following the laws and issues associated with whether or not they
are consistent with their current business license the sheriffs department is monitoring the situation and staff
continues to watch them. She stated revocation is an option for the Council to consider separate.
Revocation has its own process in that the City has adopted the County's process for revocation.
Community Development Director Ramirez indicated the process of revocation is a hearing before the
Planning Commission with the right to appeal to the City Council.
Community Development DirectorRamirez responded to City Manager Allred's question regarding the time
period for the business license, stating that a business license has to be renewed annually, and questioned
whether or not renewing their licenses was an option.
City Attorney Richman mentioned that one of the issues discussed was if it was no longer a permitted use,
their business license would not be extended past the one year noting that if within the year there are any
problems with the locations of the buses, staff would look at the issues and determine what can be done
about the extensions.
Council Member Ly confirmed with staff that one of the locations where the bus company has an agreement
with the property owner is on Valley Boulevard by City Hall.
Community Development Director Ramirez responded that was correct, next to Rite-Aid, AB Toy Town has
an agreement with two bus operators and the bank across the street, has an agreement with one bus
operator.
Council Member Ly recommended amending the ordinance and have staff work with the City Attorney to
determine the best course to achieve the elimination of the buses from the current locations. He would be
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okay with letting the licenses expire if that was the easiest way, but if not, he would like to see a public
hearing procedure for the revocation process.
Mayor Pro Tern Clark was concerned about a temporary solution for the cars parking on the streets. She
referenced the previous meeting where Council discussed requiring the people who received a permit to
provide parking spaces on the parking lot they are renting.
City Attorney Richman stated the bus companies already have their business licenses without that additional
condition and the City cannot change that now unless the licenses were revoked by means of a revocation
hearing.
Mayor Pro Tern Clark asked if it's legal to revoke their business license.
City Attorney Richman explained that a revocation hearing was dealing with due process rights and needed
to establish that they are in fact violating all of the requirements. She expressed that it is possible to
undertake a revocation hearing, but there is a process and the City needs sufficient findings for revocation.
She suggested another option, as part of a revocation hearing..Instead of revoking the license,the City could
add additional conditions to the license; but that would be separate and apart from making changes to the
current ordinance, it would not affect the three current businesses that have the licenses.
Council Member Low reiterated that it is an option to let the business license expire and wait for the new
laws to take effect.
City Manager Allred explained the staff report explains that under the City Zoning Code the parking of buses
on private property is not a permitted use. He added that staff has distinguished the loading and unloading of
passengers from actually parking by the buses which is not a permitted use. Staff would have to determine
whether they are parking for substantial periods of time. If that is the case, it is not a permitted use and that
could be used as a reason to not renew the business licenses. In addition, he mentioned Code Enforcement
Officers are trying to determine if the buses are complying with the restrictions relative to times. He noted a
complaint was received that buses were releasing passengers in residential areas after 10:00 p.m. making
disruptive noise. He assured that the City is monitoring the situation and if there are violations, then the City
can initiate revocation proceedings.
City Attorney Richman agreed with the statement made by the City Manager. She commented that if the City
had some substantial findings that the bus companies are continually violating the regulations then revocation
can be considered. The final decision may be to wait for the expiration of the business licenses; however,
before doing so, she wanted to look at the license to see exactly what it says as to whether or not the City
can issue it again. Once she has reviewed the licenses she will get back to Council.
Mayor Pro Tem Clark confirmed the City was stuck for about a year, unless there are violations that can be
used to revoke the business license.
City Attorney Richman explained the entire process of a revocation hearing can take several months. The
property owner would have to be noticed and given time to prepare for the public hearing before the Planning
Commission; and they would likely appeal the Planning Commission's decision with the City Council.
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Mayor Pro Tern Clark stated since the area was being impacted by a Council decision that had unintended
consequences she would like staff to look into the possibility of permit parking on the streets in the specific
locations that are affected by this issue. If the residents want permit parking for at least a year to alleviate the
problems they are experiencing.
Council Member Ly suggested, that before considering permit parking, which he was not a fan of because it
was poor public policy, talking to the commercial property owners and informing them that the City is in the
process of determining whether the agreements are legal and perhaps they would be willing to discontinue
their contracts with the bus operators. He assumed that any contract the property owners have with the bus
operators might be month to month to allow the property owner the flexibility to develop the property or sell it
in the future. Mr. Ly suggested staff talk to the property owners and let them know this type of business is
being banned in the City and ask them to end their contract.
City Manager Allred stated that staff has not had that discussion with the property owners but staff was
certainly willing to do that.
Community Development Director Ramirez explained that during the time of approval of the three contracts,
the bus companies signed an affidavit listing conditions by which they:would abide by. One of the conditions
was if the City Council made changes, they would have to abide by those changes. The affidavit was signed
by the applicant and was notarized. She mentioned the City Attorney has not seen this condition and would
have to determine if the clause was legal and can be pursued.
Council Member Armenta stated the residents'quality of life is not affected by the buses parking in the
streets for a long duration of time, is the people who ride the buses:and who are parking on the streets.
Even though the code states that bUses parking on private property is not a permitted use, they are just
loading and unloading. explained that even if Code Enforcement Officers monitor people loading and
unloading, the busses will not be parked for a very long time. Ms. Armenta added that she knew there was
different philosophies about permitted parking,cities with universities have permit parking for the residents.
She agreed with Mayor Pro Tern Clark's comments and suggested that staff first verify the conditions listed
on the affidavit before proceeding with other possible solutions.
Council Member Ly felt that sometimes the best solution was the easiest one and that is the one he would
like to pursue first, by limiting the impact on the residents in that area as soon as possible. He expressed
concern with Mayor Pro Tern Clark's comment that the City created unintended consequences when the City
implemented the ordinance. The ordinance was designed to solve a problem that formed organically. He felt
a discussion on permit parking would create unintended circumstances, shadng the experience of trying to
find parking on streets In cities that have permitted parking. He explained the effects of permit parking and
stated the City should maintain free public parking on public streets.
Thereafter followed a discussion between Council Member Armenta and Council Member Ly regarding the
pros and cons of permit parking.
Mayor Pro Tem Clark stated that it was never her intent to charge a fee for a parking permit. She suggested
asking staff to talk to the property owners to see if they were willing to make changes. If not, then as pointed
out by Community Development Director Ramirez, there is a clause in the business license permit that the
bus companies must abide by, and require that they provide the parking on site.
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City Attorney Richman clarified that she would look into the condition and see if it was enforceable and report
that back to the City Council. The last component was the direction of whether to come back with an
ordinance on a go forward basis to not allow this type of use.
Council Member Low stated she agreed with Mayor Pro Tem Clark that it was in the City's best interest to
have staff look into the matter and the City Attorney look into the language in the business license application
and signed affidavits. Ms. Low agreed with updating the current ordinance and move forward.
5. MATTERS FROM MAYOR &CITY COUNCIL
Council Member Armenta asked that the resolution for the healthcare providers' living wages be placed on
the next City Council agenda, as is. She stated the current wages the caregivers receive does not match the
level of service they give to the patients as well as to the family members. Ms.Annenta would also like to
make sure the skate park will be placed on the next agenda for discussion. She requested the meeting be
adjourned in memory of longtime resident Concepcion Hernandez who passed away last week. Mrs.
Hernandez was the mother of Renee Hernandez who was the principal at Sanchez School and is now a
director with the Garvey School District. The Hernandez family also has a print shop on Garvey Avenue.
Mayor Pro Tern Clark requested a workshop at 6:00 p.m. prior to the next City Council meeting to discuss
ongoing code violation issues and meet with the Sheriffs Captain and the Code Enforcement Officers.
After a brief discussion regarding items previously scheduled for a workshop on the next meeting, and topic
of discussion, Mr.Allred said a workshop would be scheduled.
Council Member Ly suggested in addition to the skate park discussion for the next agenda, he would like to
include a discussion on the possibility of a permanent location for the maintenance yard and building, so that
a youth program center could be at the Garvey Park location.
Mayor Alarcon announced the dates and times of the upcoming community events.
6. ADJOURNMENT
There being no further business to come before the Council, Mayor Alarcon adjourned the meeting in
memory of Concepcion Hemandez at 8:06 p.m. The next regular City Council meeting is scheduled to take
place on November 11,2014 at 7:00 p.m. in the Rosemead City Hall Council Chamber.
Carol Cowley, Interim City Clerk
APPROVED:
William Alarcon, Mayor
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Minutes of October 28, 2014
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