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CC - Minutes - 04-12-16MINUTES OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING APRIL 12, 2016 The meeting of the Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission was called to order by Mayor Clark at 7:03 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE was led by Boy Scouts of America Troop No. 594 INVOCATION was led by Mayor Clark PRESENT: Mayor /President/Chair Clark, Mayor Pro Tem /Vice -Chair Armenta, Council Members /Board Members Alarcon, Low, Ly. STAFF PRESENT: City Manager Allred, City Attorney Richman, Community Development Director Ramirez, Interim Public Works Director La, Interim Director of Parks and Recreation Soash, and Interim City Clerk Cowley. PUBLIC COMMENTS FROM THE AUDIENCE John Lowrey, resident expressed concerns with the overnight parking at Wal -Mart parking lot. He explained that Wal -Mart has a 24 hour security system in place, and as of January the security system has been terminated. Mr. Lowrey added that he has been keeping track of overnight parking violations since late 2015. On December 2015 he spoke to Walmart Store Manager Isabel, that they were in violation of their conditional use permit and he was going to notify the City. Mr. Lowrey stated that in January 2016 he mailed a letter to the City Council and another letter by certifed mail, and has not heard back from the City. He has called Temple City Sherriff's Station and was told that Walmart would have to call to report the violations before they could take any action. Mr. Lowrey ask that (1) the City Attorney contact Walmart Rosemead and Corporate Office and let them know that an official complaint has been made; (2) Outline what actions will be taken if they do not take immediate action to take care of the problem; (3) Authorize the City attorney to take whatever action they feel is necessary to take care of the problem should Walmart not respond to the request; and lastly ask Wal -Mart to create a plan of action and place new no overnight parking signage on three of their main entries, relight up to 14 lighting standards, and all communications be kept in writing and available to the public. Council Member Ly stated that he did see both of the Mr. Lowrey's letters and did talk to the City Manager about the issue. City Manager Allred noted that Code Enforcement has been onsite and responded to the issues and staff needs to review the CUP's carefully for any violations. He explained to Mr. Lowrey that this item is not on the Agenda so the City Council could take any action. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of April 12, 2016 Page I of 7 Council Member Armenta asked Mr. Lowrey to provide his contact information to speak to him directly. Mr. Lowrey explained that he has been tracking this issue for a long time and in the month of February there were 38 trucks, 18 truck cabs, and 184 vehicles. Mayor Clark thanked Mr. Lowrey for bringing this issue up to their attention and will look into the signage. Council Member Low also stated she received his letter and was going to bring it up at a council meeting. Angie Gomez, Board Member of the Sister Cities International, invited and brought information to the City Council about the Sister City International Conference in Washington D.0 on July 13th —16th, 2016. 2. CONSENT CALENDAR Council Member Ly asked to pull Item G for separate discussion. A. CLAIMS AND DEMANDS Resolution No. 2016.13 Recommendation: Adopt Resolution No. 2016 -13 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $583,900.39 NUMBERED 91934 THROUGH 92071 Resolution No. 2016.14 Recommendation: Adopt Resolution No. 2016 -14 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $379,031.29 NUMBERED 92072 THROUGH 92170 Resolution No. 2016 -04 RHDC Recommendation: Adopt Resolution No. 2016 -04 RHDC entitled: A RESOLUTION OF THE ROSEMEAD HOUSING DEVELOPMENT CORPORATION ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,000.00 NUMBERED 1581 Resolution No. 2016.05 RHDC Recommendation: Adopt Resolution No. 2016 -05 RHDC entitled: A RESOLUTION OF THE ROSEMEAD HOUSING DEVELOPMENT CORPORATION ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,200.00 NUMBERED 1582 Resolution No. 2016.05 SA Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of April 12, 2016 Page 2 of Recommendation: Adopt Resolution No. 2016 -05 SA entitled: A RESOLUTION OF THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $450,976.97 NUMBERED 10168 B. APPROVAL OF MINUTES Minutes of March 22, 2016 Minutes of April 5, 2016 Recommendation: Approve the Minutes of March 22, 2016 and April 5, 2016, as presented. C. ROSEMEAD PARK SNACK BAR LICENSE AGREEMENT Recommendation: That the City Council authorize the City Manager to sign the License Agreement with the Rosemead Youth Association for the use of the Rosemead Park Snack Bar from April13, 2016 through June 18, 2016, D. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY -HORM AND ASSOCIATES FOR A SEWER SYSTEM COMPREHENSIVE STUDY Recommendation: That the City Council authorize the City Manager to enter into an agreement with Kimley -Horn and Associates, Inc. for engineering services related to the completion of the Sewer System Comprehensive Study in the amount not to exceed $99,800.00. E. TRANSFER APPROPRIATIONS FROM PROPOSITION A FUND TO AIR QUALITY MANAGEMENT DISTRICT FUND Recommendation: That the City Council approve Resolution No. 2016 -16 authorizing the transfer of $130,140 in appropriations and costs from the Proposition A Fund to the AQMD Fund. NALEO 33RD ANNUAL CONFERENCE — JUNE 23RD THROUGH JUNE 25TH — WASHINGTON DC Recommendation: That the City Council authorize the attendance, at City expense, of any Council Member that wishes to attend the NALEO 331d Annual Conference in Washington, D.C. on June 23rd — 25th, ACTION: Moved by Council Member Ly, seconded by Council Member Low to approve Items A -F from the Consent Calendar with the March 22, 2016 and April 5, 2016 minutes as amended. The motion unanimously carried by the following vote: AYES: Alarcon, Armenta, Clark, Low, Ly ITEM G PULLED FROM CONSENT CALENDAR FOR DISCUSSION AND SEPARATE ACTION Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes ofApril 12, 2016 Page 3 of 7 G. PROJECT NO. 41008 (ZAPOPAN PARK IMPROVEMENTS) —AWARD OF CONTRACT Recommendation: That the City Council (1) Approve the plans and specifications for Project 41008 ( Zapopan Park Improvement). (2) Reject the bid submitted by CEM Construction Corp. for being non - responsive. (3) Award the construction contract to Green Giant Landscape, Inc. in the amount of $1,230,000, and authorize a construction contingency of $170,000 (14 %), for a total of $1,400,000. (4) Approve Resolution No. 2016 -15 allocating an additional $480,000 in redevelopment bond funds for the Project. Special Projects Manager Cannon explained that the City received and publicly opened nine bids and three of which did not contain the issued addendum, which included the lowest bid of CEM Construction. From that, the City received a protest letter and an appeal from CEM Construction. CEM Construction sent another appeal to the City Manager which Mr. Allred responded. Staff coordinated a response with the City Attorney to send to CEM Construction. Staff went through the proper procedures to be in compliance and since the addendum was not included in CEM Construction's bid, staff recommends that the bid be rejected and award the project to the second lowest bidder Green Giant Landscape, Inc. Brian Lewin stated that he visited parks in City of Santa Barbara and suggested that future park improvements or park facilities that the City proposes, restroom facilities should use reclaimed water and use potable water for the sink portion. Emigdio Carillo Jr. and Eduardo J. Carillo owners of CEM Construction stated that they have been working with the City since its inception in 2010. Mr. Emigdio Carrillo explained that they were notified that staff was recommending the rejection of their bid because it was non - responsive. They explained that their bid was responsive because of the last sentence on the project specifications which states, "by signing the bid proposal the contractor acknowledges the addendum number one ". The bid proposal was submitted and signed, therefore acknowledging the addendum. In addition, he added that "Failure to acknowledge to receive the addendum will disqualify the bidder" however CEM Construction acknowledged the addendum by just signing the bid proposal. Mr. Carrillo stated that this issue could have been prevented if the CBF -3 page had previously its own section for addendums that had been issued. In the Zapopan Park specifications, that addendum CBF -3 page was not provided. Mr. Eduardo Carrillo added that the reason they disagreed with staff's recommendation, is based on what the addendum states, that by signing the bid proposal the contractor acknowledges the addendum number one. Mr. Emigdio Carrillo explained that the addendum was actually more of an explanation notice and therefore, not an actual addendum. He asked the Mayor and City Council to reconsider their contract and award the contract to CEM Construction, which would result on a savings on $50,000 on the price of the project. Council Member Ly asked the City Attorney what she had to say about the process. City Attorney Richman explained that she was heavily involved in the process. The letters that were sent out were drafted by the City Attorney. When the bids were opened, the addendum did need to be required, the City is legally permitted to adhere to those requirements and speaking with Anthony and Curtis the next Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of April 12, 2016 Page 4 of 7 bidder did have his addendums and they are following that process. ACTION: Moved by Council Member Ly, and seconded by Council Member Low, to approve the Zapopan Park Improvement Project 41008; reject CEM Construction Corp as non - responsive, award contract to Green Giant landscape, Inc. in the amount noted and approve Resolution No. 2016- 15 allocating an additional $480,000 in Redevelopment Bond proceeds. The motion unanimously carried by the following vote: AYES: Alarcon, Armenta, Clark, Low, Ly 3. MATTERS FROM CITY MANAGER & STAFF There were none. 4. MATTERS FROM MAYOR & CITY COUNCIL — COMMITTEE REPORTS A. APPROVAL OF EMPLOYMENT AGREEMENT FOR CITY MANAGER Recommendation: That the City Council approve the Employment Agreement with Bill Manis, and authorize the Mayor to execute the Agreement. City Attorney Richman stated that the City Council conducted a statewide recruitment for a City Manager to replace City Manager Jeff Allred, who will be retiring at the end of the month, The City received over 50 applications for the position. Then City Council was presented with several applications from the recruiting firm hired to conduct the recruitment process based on the parameters the Council desired, thereafter, the City Council interviewed several candidates. Thereafter, based on his qualified experience, the City Council made an offer to Bill Manis who accepted the offer. Council Member Ly stated he was excited to bring Bill Manis on board and with his economic development experience could get Rosemead to the next level. The Council would like to see more quality businesses come in to Rosemead and Mr. Manis has that extensive experience. Council Member Low is also looking forward to the next coming years as she has high expectations and made a motion to approve the contract. Council Member Armenta is grateful that he is joining the Rosemead team and what stood out of Mr. Manis was his passion. He came from San Bernardino and he was there to fix a problem, which needed much help and brought them economic development. Mayor Clark stated she was very excited for Mr. Manis to join the City of Rosemead. Bill Manis thanked the Mayor, Council Members, City Attorney, and City Manager Allred. He stated he was excited about this opportunity and looking forward to it. He stated he is well seasoned with 30 years of public sector background and looks forward to meeting everyone. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes ofApri112, 2016 Page 5 of 7 ACTION: Moved by Council Member Low and seconded by Council Member Ly, to approve the Employment Agreement with Bill Manis. The motion unanimously carried by the following vote: AYES: Alarcon, Armenta, Clark, Low, Ly. B. OATH OF ALLEGIANCE Former Rosemead Assistant Director of Parks and Recreation Jean Scott administered the oath of office to incoming Mayor Sandra Armenta. Interim City Clerk Carol Cowley administered the oath of office to incoming Mayor Pro Tern Polly Low Newly appointed Mayor Pro Tern Low thanked everyone for their support and introduced her family. Newly appointed Mayor Armenta thanked everyone for their support and that she only wants the best for the City. She introduced her family and vowed that she would do her best and thanked the Council for their guidance, loyalty and the respect they each other between them. Mayor Armenta announced that the Council would present a plaque of recognition to outgoing Mayor Margaret Clark for her service as Mayor from 2015 to 2016. 5. PRESENTATIONS Recognition of Margaret Clark as outgoing Mayor, and newly appointed Mayor Sandra Armenta and Mayor Pro Tern Polly Low. Mayor Armenta introduced her former student Vesilio Alonzo Jeff Prang, Los Angeles County Assessor congratulated newly installed Mayor Armenta and Mayor Pro Tern Low. Mr. Prang recognized outgoing Mayor Margaret Clark with a certificate of recognition for her service. Mayor Chin Ho Liao, City of San Gabriel congratulated Mayor Armenta and Mayor Pro Tern Low on their installation. Also, that as neighboring cities we should work together on transportation and water issues. Council Member Jason Pu, City of San Gabriel presented Council Member Clark with a certificate of recognition. Mayor Barbara Messina, City of Alhambra presented Council Member Clark, Mayor Armenta and Mayor Pro Tern Low certificates of recognition. Ms. Messina also welcomed Bill Manis as the new City Manager of Rosemead. Also, looks forward to working on project with Rosemead such at the 710 freeway project. Council Member Ly talked about the 710 freeway not being completed and explained the direct effect is that there is significant traffic. The nearby cities by the 710 freeway have twice the higher cancer risk rates. This is a social and economic issue and therefore the tunnel needs to be built. Mr. Ly asked that the City Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of April 12, 2016 Page 6 of 7 host a workshop in the future on this issue to educate the public. Mayor Peter Chan, Council Member Stephen Lam, and City Clerk Vincent Chang, City of Monterey Park presented Council Member Clark, Mayor Armenta and Mayor Pro Tern Low certificates of recognition. Mayor Pro Tern Low thanked everyone from surrounding cities for coming Henry Low, Senior Field Representative for Assemblyman Ed Chau's office and Garvey School District Board Member presented Council Member Clark a certificate of recognition. Superintendent Dr. Amy Enomoto- Perez, Board Members Ron Esquivel and Cynthia Armenta, of the Rosemead School District presented Council Member Clark, Mayor Armenta and Mayor Pro Tern Low certificates of recognition for all their work with the school districts. Mayor Armenta thanked and introduced friends, community members, Planning Commissioners, Traffic Commissioners & Beautification Committee members. James Wang, President of CH Auto Pro Sharp Corporation congratulated Mayor Armenta. Louie Landeros, Sativa Water Board Member from the City of Compton congratulated Mayor Armenta and acknowledge her passion for the community. 6. COUNCIL COMMENTS Mayor Armenta thanked everyone for coming to the City Council meeting and taking time to show their support to the City. 7. ADJOURNMENT There being no further business to come before the City Council, Mayor Armenta adjourned the meeting to a reception in the lobby for Newly Installed Mayor and Mayor Pro Tem at 8:25 p.m. The next regular City Council meeting is scheduled to take place on April 26, 2016 at 7:00 p.m. in the Rosemead City Hall Council Chamber. Ericka`Hernandez Acting City Clerk APPROVED: f I Sandra Armenta, Mayor Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of April 12, 2016 Page 7 of 7