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CC - Minutes - 11-08-16 MINUTES OF THE CITY COUNCIL, HOUSING DEVELOPMENT CORPORATION AND TILE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION REGULAR JOINT MEETING NOVEMBER 8,2016 The regular joint meeting of the Rosemead City Council, Housing Development Corporation and Successor Agency to the Community Development Commission was called to order by Mayor Armenta at 7:00 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. Mayor Armenia announced for the record in order to conform to the California code of ordinance, roll call was to be before the pledge of allegiance. PRESENT: Mayor/Chair/President Armenta, Mayor Pro Tem/Vice-ChairNice-President Low, Council Members/Board Members Alarcon, Clark, and Ly (by teleconference, located at The Yale Club— Library Conference Room, 50 Vanderbilt Avenue,New York, NY 10017) PLEDGE OF ALLEGIANCE was led by Councilmember Alarcon INVOCATION was led by Mayor Armenta STAFF PRESENT: City Manager Maths, City Attorney Richman, Assistant City Manager McKinney, Director of Finance Chu, Director of Parks and Recreation Chacon, Director of Public Works Garcia, Director of Community Development Ramirez, and City Clerk Donohue 1. CLOSED SESSION-None 2. PUBLIC COMMENT David Diaz, Vice President of the Rosemead Rebels Youth football and Cheer expressed concerns with the conditions of the Jess Gonzalez Sport Complex. He described the current conditions of the field as unleveled and hazardous to the kids playing. Mr. Diaz requested the City to consider new grass or new turf before the season starts in July. Mayor Armenta directed staff look into facilitating a partnership with Rosemead Rebels to assist them on their request. 3. PRESENTATIONS -None 4. PUBLIC HEARINGS -None 5. CONSENT CALENDAR A. Claims and Demands Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of November 8, 2016 Page 1 of 13 • Resolution No. 2016-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ,. .. ROSEMEAD, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $705,864.41 NUMBERED 94381 THROUGII NUMBER 94479 INCLUSIVELY, WHICH IS ATTACHED HERETO AND MADE A PART I(EREOF Recommendation: Adopt Resolution No. 2016-61 • Resolution No. 2016-20 SA A RESOLUTION OF THE CITY OF ROSEMEAD AS THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $491.50 DEMAND NO. 10191 Recommendation: Adopt Resolution No. 2016-20 SA B. City Council Meeting Minutes Recommendation: That the City Council approve the minutes from the workshop meeting on September 27, 2016. D. Quarterly Interim Financial Update for the Quarter Ending on September 30, 2016 Recommendation: That the City Council receive and file the Financial Update report and the Treasurer's Report of Cash and Investments. E. Treasurer's Report for the Rosemead Housing Development Corporation for the Quarter Ending on September 30, 2016 Recommendation: That the RHDC Board receive and file the Treasurer's Report of Cash and Investments. F. Treasurer's Report for the City of Rosemead Successor Agency to the Rosemead Community Development District for the Quarter Ending on September 30, 2016 Recommendation: That the Board Members receive and file the Treasurer's Report of Cash and Investments. H. Appointments to the Los Angeles International Airport Community Noise Roundtable(Requested by Councilmember Clark) Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of November 8, 2016 Page 2 of 13 Recommendation: That the City Council appoint Mayor Pro Tenn Low as the primary representative, Councilmember Clark as the l" alternate and Beautification Committee Member Lewin as the 2nd alternate on the Los Angeles International Community Noise Roundtable. Mayor Pro Tem I,ow pulled items 5C and 5G for separate discussions. ACTION: Moved by Mayor Pro Tern Low and seconded by Council Member Alarcon to approve Consent Calendar items 5A, 513, 5D, 5E, 5F, and 5H with the exception of items 5C and 5G. The motion carried unanimously by the following roll call vote: AYES: Alarcon,Armenta, Clark, Low, Ly C. Rosemead Skate Plaza—Appropriation of Additional Funds Recommendation: That the Successor Agency approve Resolution 2016-60, allocating an additional $80,700 in Redevelopment Bond Funds for the completion of this project. A RESOLUTION OF THE CITY OF ROSEMEAD AS TIIE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROSEMEAD, APPROPRIATING ADDITIONAL FUNDS FROM THE REDEVELOPMENT BOND FUNDS FOR THE ROSEMEAD SKATE PLAZA PROJECT Mayor Pro Tern Low expressed concerns on the vandalism at the skate park and staffs recommendation for a new fence. She stated by installing a higher fence around the skate park it will look like a cage and there was no guarantee it would keep people from trespassing. In addition, the requested increase in funds is a concern since there has been a contract change similar to the concrete portion. Mayor Armenta stated the fence would be an iron fence people would not be able to get in to without the proper tools. City Manager Manis reiterated a wrought iron fence would be more durable and difficult to pry open than a chain link fence. He explained the additional cost for the fence on top of what the budgeted amount was approximately 580,000 is part of the balance from the existing fence proposed. Mayor Pro Tern Low reiterated her concerns with the 36 percent increase in cost and announced she could not support staffs request for additional funds. Council Member Clark asked how much has the city invested on the project. City Engineer Fajardo replied the project has had one change order of$8,500 of the original contract of about $388,000 and $57,000 in contingency for unforeseen conditions; only six percent of the contingency has been used. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of November 8,2016 Page 3 of 13 Mayor Armenta confirmed the additional funds requested by staff were under the original budget for the skate park. Council Member Clark asked for clarification where the funding of the project came from. City Engineer Fajardo replied the project was funded with Redevelopment money. He clarified no money has come through the general fund for the skate park project. Council Member Clark supported staffs request and stated it was necessary to keep kids safe. Mayor Armenta inquired on the anti-graffiti paint to be used at the skate park. City Manager Manis explained the anti-graffiti paint would only be applied on vertical areas since other areas the anti-graffiti paint would create a slick surface on the skate park. Mayor Pro Tem Low asked what could be done to prevent kids from trespassing to the skate park during construction. City Manager Manis stated the construction site was currently fenced and the Sheriffs and Code Enforcement Team have increased patrol in the area. Mayor Pro Tern Low asked why the City cannot install cameras to secure the area. City Attorney Richman explained if cameras are installed the expectation is they are being monitored at all times. There would have to be a public notice stating the City does not monitor the cameras at all times. Video recordings could be reviewed for specific situations. Mayor Pro Tern Low suggested installing cameras and placing a public notice stating the City does not monitor the cameras at all times. Mayor Armenta suggested staff contact the group of skaters who attended the skate plaza workshops and ask them to help the City spread the word to keep graffiti and other vandalism out of the skate park. Council Member Ly stated both pools have the same iron fence design installed as proposed for the skate plaza. He stated he had been visiting the construction site every week and speaks to the construction team and asked city staff if the skaters are tagging the skate park. They indicated it's not the skaters tagging but the tagging crews. Mr. Ly urged the City Council to approve the change order in order to install the iron fence to keep trespassers out of the skate plaza. m.. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of November 8, 2016 Page 4 of 13 Mayor Pro Tern Low asked if the gate would be locked during certain times. City Manager Manis responded staff could have a sign posted at the skate plaza with operating hours from dawn to dusk and the recreation staff will secure the gate as they do with other city facilities. ACTION: Moved by Council Member Ly and seconded Council Member Clark to approve the recommended action. The motion carried by a roll call vote: AYES: Alarcon, Armcnta, Clark, Ly and NOES: Low G. Confirming the Issuance of 2016 Tax Allocation Refunding Bonds and Approving Preliminary and Final Official Statements and a Purchase Contract Relating Thereto, and Providing for Other Matters Properly Relating Thereto Recommendation: That the Successor Agency approve Resolution No. 2016-19 SA (Confirming the Issuance of 2016 Tax Allocation Refunding Bonds, Approving Preliminary and Final Official Statements and a Purchase Contract relating thereto, and providing for other matters properly relating thereto). A RESOLUTION OF THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION CONFIRMING THE ISSUANCE OF 2016 TAX ALLOCATION REFUNDING BONDS AND APPROVING PRELIMINARY AND FINAL OFFICIAL STATEMENTS AND A PURCHASE CONTRACT RELATING THERETO, AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO Mayor Pro Tem Low asked for clarification on the tax allocation bond. Director of Finance Chu stated staff was moving forward with the tax allocations bonds approved by the Successor Agency. The Department of Finance approved the tax allocation and the refinancing of the bond is expected to price and obtain a rating. The City could then sell the bonds. Michael Bush, finance advisor explained part of the process to refinance the existing tax allocation bonds, requires preliminary statements to be approved by the Successor Agency Board along with the accompanying resolution. The City Council's approval would be the final approval before going before the Oversight Board as an informational item. ACTION: Moved by Council Member Ly and seconded Mayor Pro Tem Low to approve the recommended action. The motion carried unanimously by a roll call vote: AYES: Alarcon,Armenta, Clark, Low,Ly 6. MATTERS FROM CITY MANAGER & STAFF A. Skate Plaza Ordinance Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of November 8, 2016 Page 5 of 13 Recommendations: That the City Council introduce, by title, Ordinance No. 966; and approve the proposed rules and regulations for the Rosemead Skate Plaza and direct staff to post such rules and regulations at the Skate Plaza prior to opening the facility for public use AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ADDING SECTIONS 10.20.030, 10.20.040, AND 10.20.050 TO TITLE 10, CHAPTER 10.20 OF THE ROSEMEAD MUNICIPAL CODE SETTING REGULATIONS FOR THE USE OF DESIGNATED SKATE PARKS CONSISTENT WITH CALIFORNIA HEALTH & SAFETY CODE SECTION 115800 Parks and Recreation Director Chacon explained since there will be no regular supervision at the skate plaza, California Health and Safety Code requires the City to adopt an ordinance requiring any person using the facility to wear protective gear. As a result, the city is also required to post regulations on skate park facilities to establish appropriate set of rules at Rosemead Skate Plaza. Mayor Pro Tern Low asked if people will be allowed to hang out at the skate park. Director of Parks and Recreation Chacon responded part of the design brought into account was a spectator area, which is common at skate parks. Mayor Armenta mentioned when designing the area the City took in consideration the Ti-Chi group who gathers near the skate plaza area. A large pad was created for the public to enjoy the skate park as well. • r Council Member Clark inquired on regulations pertaining to the prohibited use of tobacco, alcohol, and drugs, specifically marijuana. Director of Parks and Recreation Chacon assured the use of drugs and marijuana is covered within provisions of the City's municipal code. City Attorney Richman clarified in the event the marijuana proposition passes on the November 81h election, the public cannot smoke marijuana recreationally in public. ACTION: Moved by Council Member Ly and seconded Council Member Alarcon to approve the recommended action. The motion carried unanimously by a roll call vote:AYES: Alarcon, Arwenta, Clark,Low,Ly B. Coyote Management Plan Recommendation: That the City Council approve the proposed Coyote Management Plan. '-.. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of November 8, 2016 Page 6 of 13 Assistant City Manager McKinney stated the City has experienced an increase of coyote encounters. Some encounters include attacks on pets and an increase on sightings in residential areas. Residents have expressed a general sense of fear and a desire by the City to develop a plan to help manage coyote activity. The proposed plan includes mitigating interaction, proactive education, coordination, enforcement, and active participation by the public. The proposed Coyote Management Plan will provide guidance to residents,businesses, and City staff Council Member Alarcon asked if the whistle used for coyotes also affects regular dogs. Assistant City Manager McKinney clarified the whistles are not a regular dog whistle. The coyote whistle is intended to he loud to make coyotes run away. Mayor Pro Tem Low asked staff to contact the County Supervisor and request educational materials for residents. Assistant City Manager McKinney answered the County will provide educational materials and commence training to educate the public on coyote issues in 2017. Council Member Clark requested to remove the statement "coexist with coyotes" from the plan, when the City is trying to prevent harm and keep the residents safe. Assistant City Manager McKinney confirmed staff could reword to state, "Public education design or mitigating on coyote encounters" and removed the statement "coexist with coyotes". Mayor Armenta asked for clarification in the cast somebody gets hurt during a coyote attack. Assistant City Manager McKinney replied if somebody was hurt by a coyote the County and State Department Fish and Wild Life would get involved. Other options would include pest management services to target problem coyotes. Mayor Armenta stated she was concerned if the City was going to wait until somebody was attacked by a coyote to take action. The City should be proactive before there is an attack on a resident. She shared a story on a coyote attack in the City of Montebello who has a lethal control option and asked staff to look into what the County or State did to assist. Assistant City Manager McKinney explained the State Department was addressing the cities with coyote presence. The services from the State and County are limited and staff would like to take a more proactive approach by hazing and techniques to train coyotes that they are not welcome. Mayor Armenta asked if the City would be contracting with coyote trappers. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of November 8, 2016 Page 7of13 Assistant City Manager McKinney reported as part of the management plan, if a coyote was aggressive the City would target lethal removal including trapping. If a coyote bites, California Fish and Wild Life would be available to assist the city. In addition, cities contracting coyote trappers spend about $3,500 and trap one to two coyotes. The city has included the option of contracting in the management plan, if needed. Mayor Armenta asked what guidelines and protocols should the public follow if they encounter an aggressive coyote in their area. Assistant City Manager McKinney replied a coyote trapper could be hired at the direction of the Council to target aggressive coyotes. City Manager Manis reiterated based on the plan if a coyote is aggressive in any way or multiple reports of coyote sightings are reported, it's enough to trigger a call to a coyote trapper. ACTION: Moved by Mayor Pro "tem Low and seconded Council Member Alarcon to approve the recommended action and amend the language to remove the statement "coexist with coyotes" from the plan. The motion carried unanimously by a roll call vote: AYES: Alarcon,Armenta, Clark,Low, Ly C. Southern California Edison (SCE) Street Light Acquisition and Conversion Program Recommendation: That the City Council provide direction on the following potential options: (1) Acquisition of the streetlights from SEC and conversion to _*" LED bulbs with City staff managing the process and operations; (2) Continue status quo; (3) Submit request to SCE to participate in the LED Conversion Program; and (4) Acquisition of the streetlights from SCE and utilize Tanko Lighting as a third party contractor for LED bulb conversion. Director of Public Works Garcia stated staff was seeking direction from the City Council regarding the possible street light acquisition and transition of the City street lights. City Engineer Fajardo presented a power point presentation on the options for the City to consider acquisition of city street lights. Three options presented to the City Council included convert the existing Southern California Edison owned streetlights to LED, without an acquisition at no initial capital cost; Convert using SCE services; or Contracting with Tanko Lighting to acquire and facilitate the LED Conversion. Councilmember Clark asked for clarification of the rebate program. Alex Wurzel representing Tanko Lighting stated the rebate is filed through SCE for each street light that is installed. There is a set amount of money for SCE 2016 program. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of November 8, 2016 Page8 of 13 Councilmember Clark asked if the City would get a rebate even if the City decides to convert to LED lighting without taking over the poles. Mr. Wurzel replied yes, however, SCE has not been forthcoming with that rebate program. City Manager Manis explained in order to convert city lights to the Edison lights as far as LED there is a queue of cities in line to get this change. Staff would need to go back and confirm with the Edison contact on what that queue looks like with the conversion option. Council Member Clark asked if the program is available to convert whether the City owns the poles or not. Mr. Wurzel replied the Edison program is to convert any street lights Edison owns which arc a majority of what is in Rosemead. Mayor Armenta clarified it would only be Edison owned streets lights and not the City owned street lights. Council Member Clark assumed the City could convert all streets light to LED whether the street lights were City or Edison owned. Mr. Wurzel confirmed it was correct, the primary difference would be the amount of savings available to the City. Between acquiring the lights and letting Edison maintain ownership are the facilities charges and available annual savings. Furthermore, if other cities are in line on the queue to get into the conversion program, Edison has only appropriated a certain number of funds for this coming year. If the City decides to go forward with the program and there was not enough space, Rosemead may be pushed to the next funding sourced year which may be 1 to 3 years down the line. Mayor Armenta cited regardless where the City is on the queue, the total annual saving is going to be affected because the cost savings would not start until it's the City's turn. Mayor Pro Tern Low asked why Tanko's conversion cost of$545K is more than if the City was doing it on its own at$50014. Mr. Wurzel explained the 500K was an estimate for the conversion costs for the city to do it on its own provided by SCE. Tanko's numbers arc a direct quote based on the services provided to the City including a comprehensive street light audit and making sure that what Edison claims is in the field is actually there. Many of the audits Tanko conducts with Southern California Edison have found a significant discrepancy which ends up crediting cities a significant amount of money. Additionally, Tanko provides a street granular lighting design custom to the City. There will be a slightly higher charge for an external consultant to Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of November 8, 2016 Page 9 of 13 perform the job for the city, but it assures the city staff has no additional work load because of it. Mayor Pro Tern Low asked if the City decides to contract for the services, does staff need to go out and compare prices with other vendors. a City Manager Manis replied staff could look into other vendors that might be able to provide the same service. Council Member Clark asked if there were laws or regulations as far as going out to bid. City Attorney Richman stated this project would not be considered a Public Works project, only changing of the light bulbs. She suggested looking into this, since there are possibly no other entities besides Tanko, who provide this type of service. Council Member Clark expressed concern with the liability on owning the poles. She requested more information at another meeting on how much the responsibility of liability the City would take on, the JPIA, or would it affect rates. City Attorney Richman directed the request for staff to ask the JPIA on the liability issues because it would he considered an additional facility. Mayor Pro '1'em Low asked to research how much it would cost the city when poles are replaced or damaged. City Manager Manis reported the city averages about five light poles are replaced per year at a cost of about $3,500 each poll. Staff was looking to create some sort of contingency fund based on the profits generated into a specific budget line item for lights damaged or replaced. Mayor Pro Tern Low asked if the City does not refinance, how the City would obtain money to convert the lights. City Manager Manis replied the funding would come out of the fund reserves. Mayor Armenta stated the previous city manager has mentioned there was a grant for lighting,which was also used for Rosemead Park and the walking trail. Council Member Ly explained there was money set aside from the lighting district for lighting at the ball park at Garvey Park. City Engineer Fajardo replied the City used approximately $1.2 million from the street lighting district for the Rosemead Park pedestrian lighting project, Zapopan Park lighting project and allocated funding for the Imperial Park project leaving Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of November 8, 2016 Page 10 of 13 approximately $200,000 in the Street Lighting District. The City could apply the $200,000 to lower down to the 1 million costs on street light acquisition. Mayor Armenta asked if the City now owns 1,052 streets light because SCE currently owns 2,511 street lights in the City and they are able to sell 1,459. Mr. Wurzel explained the city's inventory shows 176 lights are owned by the city, the remaining difference are lights Edison is unwilling to sell because they are attached to distribution poles that have multiple lines running through them. The joint owned poles between SCE and other utilities have agreements which will make them unavailable for purchase. Mayor Armenta asked how the City currently addresses any issues with any poles. City Engineer Fajardo replied staff contacts Edison because the city does not have certified staff or tools to conduct repairs. Mayor Armenta expressed concerns if the City acquires the street lights how is staff going to be licensed. Public Works Director Garcia replied based on the annual maintenance charges the City would contract the services. City Manager Manis reiterated if its Council's desire for staff to bring back this item to the next meeting and to include the long term cost associated with the savings associated with it and address any liability concerns with the JPIA. City Attorney Richman added she would look into any bidding requirements if needed. Mayor Armenta announced the item was tabled to the December 13th City Council meeting. 7. MATTERS FROM MAYOR& CITY COUNCIL A. Regional Water Quality Control Board Recommendation (Requested by Councilmember Clark) Recommendation: Discuss and provide direction to staff. Council Member Clark reported there are two vacancies on the Regional Water Quality Control Board which controls storm water. Candidates like James Davis and Dr. Xavier Swamikannu are highly qualified and experienced candidates to serve on the board. Mayor Armenta expressed concerns in endorsing a candidate she did not know. She reiterated she would not sign the letter on behalf of the city. She suggested Council Member Clark to sign the letter on her own behalf. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of November 8, 2016 Page 11 of 13 Mayor Pro Tern Low agreed Council Member Clark could write a letter of support. Mrs. Low recounted in the past, a Council Member had the ability to write a letter of support on their individual behalf when all of the Council did not agree on an item. Council Member Clark agreed with Mayor Pro Tem Low, however believed if the lcttcr was from all of the City Council it would hold more weight. Mayor Pro Tem Low suggested two options; first to consent Council Member Clark write the endorsement letter on her own behalf. Secondly, introduce the candidate to the Mayor, as she is not comfortable endorsing without personally knowing the individual. Mayor Armenta stated she would not base her endorsements on credentials alone. She further clarified having great credentials does not necessarily mean you arc the right person for the job. Council Member Clark clarified the direction of the City Council to let her prepare and sign a letter of endorsement. City Manager Mattis further clarified staff would review the language of the letter to insure the lcttcr is exclusively from Council Member Clark and not the overall Council. Mayor Armenta inquired on the comment section of the agenda for the City Council -'-" City Clerk Donahue responded the section was removed due to it not being in the municipal code. Mayor Armenta reiterated it was necessary to have an item for members to speak on general comments for example as item 7B. City Clerk Donohue confirmed a letter item would be added in future agendas for general council comments. Mayor Armenta explained on previous agendas it was noted as a heading"Matters from Mayor and City Council" called "Council Comments". She announced if any member of the Council had an item for the agenda it will be placed as the first item and the last item in that section would be Council Comments. City Attorney Richman recommended for future meetings to allow for a comment section on the agenda. Council Member Clark expressed concerns with some issues during the Presidential Election of Rosemead ballots having the mistakes by the County. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of November S, 2016 Page 12 of 13 She stated she hopes there are no issues at future standalone elections when the County is involved. Mayor Armenta agreed and added many voters blamed the principal of the school when it was not his fault. She thanked City staff, Sheriffs Department, and Parks and Recreation staff for successful Trunk or Treat event. 8. ADJOURNMENT The meeting adjourned at 8:52 p.m. The next regular City Council meeting is scheduled to take place on December 13, 2016, at 7:00 p.m. in the Rosemead City Hall Council Chamber. Marc Donohue, City Clerk APPROVED: Sandra Armenta, ayor Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of November 8, 2016 Page 13 of 13 11.--••■ POT .---.. •