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CC - Minutes - 04-22-08MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL April 22, 2008 The regular meeting of the Rosemead City Council was called to order by Mayor Tran at 7:00 p.m. in the Rosemead Community Recreation center, 3936 N. Muscatel Avenue Rosemead California. The pledge to the flag was led by Councilmember Low. The invocation was delivered by Councilmember Taylor. ROLL CALL OF OFFICERS: Present: Councilmember's Clark, Low, Taylor, Mayor Pro Tern Nunez, Mayor Tran Absent: None 1. PUBLIC HEARING A. Public Hearing on the Fiscal Year 2008.09 Annual Action Plan A public hearing is being held tonight for review and approval of the City's Annual Action Plan for the period of July 1, 2008 - June 30, 2009. An Annual Action Plan is required by the U.S. Department of Housing and Urban Development (HUD) in order for the City to receive federal funds under the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) programs. The Annual Action Plan includes the proposed activities, resources and expenditures for the CDBG and HOME programs. A list of staff-endorsed projects has been developed based on the funding request and ongoing CDBG and HOME funded activities. These recommendations are consistent with the housing and community development priorities that the City has set and followed in the past. In addition, all the proposed projects meet the CDBG and HOME eligibility requirements. Recommendation: That the City Council take the following actions: Conduct a public hearing and take public testimony on the Annual Action Plan covering the period July 1, 2008-June 30, 2009; Approve the CDBG and HOME funding recommendations, authorize the submittal of the City's FY 2008-09 Annual Action Plan to the U.S. Department of Housing and Urban Development; Authorize the City Manager to execute all appropriate and necessary documents to receive funding and implement approved use; and Award the following public services agencies with the CDBG funds and authorized the city Manager to execute service agreements: • Family Counseling Services - $40,000.00 • Morrison Health Care (Senior Nutrition Provider) - $77,824.00 • People for People - $27,600.00 0 • Rosemead High School - $13,650.00 • The Southern California Housing Rights Center - $25,000.00 Mayor Tran opened Public Hearing at 7:01 p.m.; there being no speakers the public hearing was closed at 7:02 p.m. 2. PUBLIC COMMENT FROM THE AUDIENCE Ms. Wilson, Rosemead resident, inquired about the new contract with dial-a-ride; asked if it was true that residents were no longer going to be taken to doctor offices outside City of Rosemead. Administrative Service Officer Marcarello assured that it was not true; City is currently providing services with the old contractor. The new contractor will commence on September of 2008 with the exact same services. Mayor Pro Tem Nunez asked Ms. Rosalyn were she had heard such a statement. Ms. Wilson responded from senior citizens and asked Council why the city decided to change companies. Administrative Service Officer Marcarello explained it is a normal City process, every five year cities may go out to bid for services, and it's a way to keep up to date. Ms. Wilson also inquired about the city's reserve fund; how much the city had compared to two years ago. City Manager Chi answered roughly $21 million. Ms. Wilson expressed concern and asked if we have enough police officers and staff in the City. City Manager Chi explained that there will be substantial cuts in the State budget for this year. The major impact the city will have is the reduction of cost funding. The City is in excellent financial health, the only substantial dollar amounts that have been utilized have been allocated fund dollars in the form of a loan that was made to the Agency by the City. " Ms. Wilson asked if staff would mail letters to residents to let them know about the new dial-a-ride contractor. Cduncilmember Clark expressed concerned and asked if dial-a-ride would be limited to senior citizens only. Administrative Service Officer Marcarello explained that no policies have been changed; however, if there are any changes it will have to come back to Council for approval. City Manager Chi reiterated the contract terms will remain the same with Southland Transit. City Council Meeting Minutes gfApril22, 2008 Page 2 qf 22 ~I 0 Chuck Hurley, thanked the City and Council for support of the local running team. Briefly spoke about what the program does with the kids in Monterey Park, Rosemead, and San Gabriel area. The help of a councilmember got the program enough funding for 7 treadmills, and a water cooler. Introduced Constantine, a Rosemead resident and honor student, who is on the general National Championship Cross Country Team. Also introduced Ryan Tran, team took national championship, women's division. Thanked City of Rosemead for supporting the program. Mayor Tran offered congratulations and stated it was a wonderful privilege to help support the program. Bryan Lewin, thanked Council for Public Safety Community meeting. Mr. Lewin requested that future community events get notice in the newspaper in the announcement section as well. City needs to do something about our street lights; they flicker a lot and it is a safety issue. Jim Flournoy, spoke in regards to Valley Vision Plan; asked that the City look at how these safety items would be handled. 3. CONSENT CALENDAR B. Resolution No. 2008.27 Claims and Demands (273 T1A) Recommendation: Adopt Resolution No. 2008-27, for payment of City expenditures in the amount of $868,768.31 numbered 59286 through 59313 and 62239 through 62382. C. Acceptance of Alley and Storm Drain Improvements The reference project has been constructed in conformance with the approved plans and specifications and is ready for acceptance of work. Recommendation: That the City Council accept the above reference project, authorize the recordation of Notice of Completion by the City Clerk; and authorize the release of the 10 percent retention payment 35 days after the recorded date of the Notice of Completion. D. Approval of New Undertaking Agreement for the Parcel Map 62018 and Release Existing Certificate of Deposit 4214.4220 Bartlett Avenue Recently Datkam Construction Inc. took over the development of Parcel Map 62018 from Mr. Sam Chan, the original subdivider. A new undertaking agreement is required to guarantee completion of new sewer laterals, driveways, sidewalk, a parkway drain and a parkway tree. Recommendation: That the City Council approve the new undertaking agreement with Datkam Construction Inc. for the completion of public improvements and nullify the undertaking agreement with Mr. Sam Chan and release his Certificate of Deposits. City Council Meeting Minutes gfApril22, 2008 Page 3 of 22 0 E. Update Signatories on the City of Rosemead (Parking Citation) Account at Wells Fargo Bank The City has an account at Wells Fargo Bank that is dedicated to receiving direct deposits of parking citation penalties from two third-party administrators, JDS and DMV. With staffing and title changes over the last several months it has become necessary to update the account's signature cards. Resolution No. 2008-26 authorizes the City Manager, Assistant City Mangers, and the Chief Financial Officer as signers on the Wells Fargo Bank, City of Rosemead (Parking Citation) account and Resolution No. 2008-28 defines City Officers for purposes of signing on the City of Rosemead (Parking Citation) bank account (required by the bank). Recommendation: That the City Council approve Resolution No. 2008-26 listing the City Manager, Assistant City Managers, and the Chief Financial Officer as authorized signatories on the City's Wells Fargo Bank, City of Rosemead (Parking Citation) account and Resolution No. 2008-28 which defines City Officers. G. Resolution Authorizing the Application for Grant Funds from the California Integrated Waste Management Board The California Integrated Waste Management Board offers grant opportunities for several programs that promote the reuse and recycling of commonly used products like used oil, hazardous waste, and tires. Staff recently identified an available program that promotes the use of recycled rubberized asphalt concrete for a variety of purposes including roadway rehabilitation projects, playground surfacing, and trail/track surfacing. Resolution No. 2008-29 authorizes staff to apply for grant funds related to this program for a five-year period. Recommendation: That the City Council adopt Resolution No. 2008-29 authorizing the City of Rosemead to apply for grant funds from the California Integrated Waste Management Board for all available grants under the California Tire Recycling Act for a period of five years, through April 22, 2013. Request for Parking Restrictions on Muscatel Avenue North and South of Valley Boulevard On March 6, 2008, the Traffic Commission reviewed a request to add parking restrictions on Muscatel Avenue north and south of Valley Boulevard. After visiting the site on several occasions, staff found that current parking and signal conditions on Muscatel leads to vehicles "going around" other left turning vehicles. Based on the traffic engineer's observations, the Traffic Commission approved staff's recommendation to take the necessary steps to create dedicated left turn lanes at this location. Recommendation: That the City Council approve the Traffic Commission's recommendation and authorize staff to take the necessary steps to create a dedicated left turn lane on Muscatel north and south of Valley Boulevard. City Council Meeting Minutes ofApril 22, 2008 Page 4 of 22 • Mayor Pro Tern Nunez made a motion, second by Councilmember Taylor to approve Consent Calendar items, B, C, D, E, G and H. Vote resulted in: Yes: Clark Low, Nunez, Taylor, Tran No; None Abstain: None Absent: None A. Minutes February 26, 2008 -Regular Meeting March 25, 2008 - Regular Meeting April 8, 2008 - Regular Meeting Marlene Shinen, 8447 questioned the integrity of the minutes and apposed the approval of the February 26, 2008 meeting as written in draft form. Ms. Shinen indicated that the key words such as annexation, an entire subject of Arnold Alvarez Glassman was omitted or removed. She described an event where Mayor Pro Tern Nunez enter a closed door meeting at city hall uninvited, and began to speak to Ms. Shinen about cleaning up Calmeta Drive in South San Gabriel. Asked if corruption had been invited into the city? She indicated that at Mr. Nunez suggestion, Bonifacio Garcia was hired on by the majority Council on the same night, as his litigation was to be discussed in closed session. She asked Mr. Nunez who represented him on his Garvey School District sexual harassment charges. Mayor Pro Tern Nunez attempted to bring Arnold Alvarez Glassman as redevelopment Attorney August 14, without considering or interviewing any other law firm, in which, Mr. Tran stated, "I am ready to choose one" and Mr. Nunez agreed. Arnold Alvarez Glassman works with developer Hank Attina in lucrative low income housing deals. Ms. Shinen also quoted from a letter she obtained by Gloria Molina's office stating. Ms. Shinen reiterated that they have omitted serious facts and cleaned up the minutes. Mayor Tran asked Ms. Shinen who she referred to as cleaning up the minutes. Ms. Shined replied she was referring to the facts that are not put in the minutes and indicated when the minutes are written, they must go to someone for approval, and then must be printed. The City Clerk can omit anything in the minutes. Mayor Tran explained that the City Clerk listens to the tapes and makes the decision and summarizes the meeting. Mr. Tran asked Ms. Shinen again who she referred to about cleaning up the minutes. Ms. Shinen reiterated that the minutes in draft form should not be approved with out talking about annexation. Mayor Tran clarified to Ms. Shinen that annexation was not something he supports. Ms. Shinen stated it was not to our advantage and claimed the majority in office had a meeting with Ms. Molina about annexation. City Council Meeting Minutes of April 22, 2008 Page 5 of 22 Mayor Tran stated he did not have a meeting with Molina. Mayor Pro Tern Nunez also clarified he had never been to Molina's office to discuss annexation. Ms. Shinen asked that the minutes reflect annexation, what Mr. Nunez did, and the attempt to hire Arnold Alvarez Glassman. Councilmember Taylor asked for clarification, when he came into the City Clerk's office about a week ago, he was told by the City Clerk that she was directed by the Mayor not make any clarifications to the minutes. Ms. Molleda was asked to go back to her original minutes she had drafted. Ms. Molleda apologized and Mr. Taylor told her not to worry and that he will get initial results at the City Council meeting. Mayor Tran asked the City Clerk to explain the comment he made to her about requesting minutes changes. City Clerk Molleda answered that any changes should be brought to Council for Councils review and approval. Mayor Tran stated it was individual changes; therefore, should be brought to Council. City Clerk Molleda added, unless there were typos, any changes should be brought back to all Council for their review and final approval. Councilmember Taylor indicated that is the current procedure. A draft set of minutes are given to Council by the City Clerk for review. Mr. Taylor added that when council chooses to make a clarification or comments they are made by what a Council Member may think is important. Mr. Taylor asked the Mayor if he does not receive a draft set of minutes. Mayor Tran answered yes he does. Councilmember Taylor asked the Mayor if he reviewed his statements. Mayor Tran explained that the minutes are a summation of the meeting, however, if council wishes to make changes, they can defer the minutes; make the change and then the City Clerk can listen to the tapes to verify the comments. Councilmember Taylor stated he had transcribed those minutes verbatim and some of the statements are there but are not all there. Mr. Taylor described an event where Ms. Low stated to Ms. Clark that she should get her comments clarified, so council does not have to do it during the meeting. Councilmember Low expressed concerned that the problem was how much detail council wants in the minutes because people see certain topics more important than others. The city clerk summarizes all the information for the meeting; therefore, it cannot be very detailed. Ms. Low added it's not fair to put the burden on the city clerk to decide what is important and what is not. Ms. Low suggested that the council meeting be video taped, that way there is no controversy of what should be in there or not. The city clerk City Council Meeting Minutes ofApril22, 2008 Page 6 of 22 • r can then only record the action that is taken by Council. Ms. Low asked City Manager Chi if that was possible. City Manager Chi replied yes; if the council desired to video tape the meetings. Councilmember Clark asked for clarification regarding the minutes of the previous meeting; she asked for corrections to a paragraph which had a lot of inaudible. Ms. Clark reiterated what Mr. Taylor commented before, about Ms. Low's suggestion to Ms. Clark, that she should have brought this ahead of time. Councilmember Low believes the problem was the detailed information in the minutes, when everyone is changing the information they want, it becomes hard for the city clerk. Ms. Low stated that by video taping the meeting, it will capture all the detail information and the City does not need to spend city time and money to have the City Clerk listen to the tapes over and over again, when she could be doing other work for the city. Councilmember Taylor disagreed with Ms. Low; he felt the minutes are a living record of what has transpired since 1959. Mr. Taylor explained it was easy to take those minutes out and review them to see what happened at that meeting. He stated he was very disappointed at Ms. Low; there will not be a visible record for anyone to come in and read what happens at the meetings. Mayor Pro Tern Nunez shared that in the past Ms. Clark indicated there was a set of minutes that she wanted changed and she said that although that's what she said, that is not what she meant to say. So she wanted to change the minutes to show what she really wanted to say. Councilmember Clark interrupted Mr. Nunez stating he was wrong. She stated that she just wanted to make corrections and added that she has never changed minutes and he was making a blank statement. Mayor Pro Tern Nunez restated what he told Ms. Clark, the minutes have to be left the way they are and on the following meeting she could have clarified what she wanted to show and meant to say on that meeting rather than changing the minutes. Councilmember Taylor pointed out that this is another reason why we need minutes, because we can go back and prove what was not there. Councilmember Low indicated that people can't see what is really going on and by video taping the meeting it captures everything. Ms. Low was very disappointed with Mr. Taylor not supporting this and stated he is always in support of an open meeting. Councilmember Taylor added that he was in favor of video taping it along with a set of paper minutes. Councilmember Low suggested the minutes capture the actions. City Council Meeting Minutes of April 22, 2008 Page 7 of 22 • 0 Councilmember Taylor indicated that he goes through the minutes and marks every item from the tape to facilitate corrections. Mr. Taylor stated that he can find 10 up to 70 percent of the time the sections that he is looking for on the tapes. For example, April 8, 2008 minutes, were he stated, "Council Member Taylor stated there was a review and Wal-Mart's carts were state of the art and meet the requirements; asked for an explanation on why the City has been paying $850 a month for two years for shopping cart pick ups." That's not what I said, when I listen to the tape, it states, "Councilman Taylor asked for. an explanation why the... inaudible word has been made $850 dollars this month. Mr. Taylor expressed his concern and stated the minutes needed to be reviewed and agreed about video taping the meetings along with the paper minutes for the life long record of the City. Councilmember Low stated that it is up to the City Clerk to define the product and if Councilmembers are going in harassing the Clerk it's a problem. Ms. Low described an incident with the previous City Manager Lazzaretto in which Ms. Clark had gone in screaming in to City Hall. Ms. Clark upset, yelled at Mr. Lazzaretto and then proceeded to the previous City Clerk. As a result, the City Clerk's assistant was in the room, which caused an uncomfortable situation. Ms. Low hopes that this incident does not occur again and commended the current City Clerk on a job well done. Ms. Low expressed concerned that she did not want staff to encounter any harassment because the City is liable; she asked Mr. Chi about the incident with the previous city clerk. City Manager Chi explained the event in question, the previous City Clerk, Nina, asked if it was possible for her assistant be move out of her office, she had an interaction with Councilmember Clark, and that it was extremely uncomfortable being in the room when Ms. Castruita and Councilmember Clark were interacting. Based on that request her assistant Ms. Bhate was moved out of the City Clerk's office. Councilmember Low continued and added she had confirmed with Ms. Castruita regarding the interaction. Councilmember Clark responded that she was upset at Mr. Lazzaretto for firing four employees and was not upset with the previous City Clerk. She clarified that she did talk to Mr. Lazzaretto but never harassed any employee. Also, Ms. Clark pointed out that the reason why the February 26, 2008 minutes are causing such a stir, is because that was the night the General Plan as a draft was approved. She added that the statements about the changes to the General Plan, Mr. Nunez's sexual harassment case and other issues that were not detailed which are important to be in the minutes. Ms. Clark indicated she was going to come into city hall to make the corrections ahead of time. Mayor Pro Tem Nunez replied that if a motion needs corrections, it is okay but not adding or changing the comments behind that. Councilmember Low explained all the motions would be part of the action minutes. Councilmember Taylor felt he made his point and was sure that there is a reason to video tape the meetings and asked that staff still produce the paper minutes. Mr. Taylor asked Council members if they don't want any record in the minutes regarding the 50th anniversary of the City. City Council Meeting Minutes of April 22, 2008 Page 8 of 22 • 0 Mayor Tran strongly disagreed stating that the City Clerk is in the position to determine what is in the minutes. There will be audio tape and DVD available and the City Clerk can then produce the minutes to her discretion. Mr. Tran indicated he spoke to the City Clerk and felt she was in a very stressful position; added he did not want to lose another city clerk, the city has lost two in a short time. Councilmember Taylor indicated that in the last year the city has lost two City Clerks and the majority has been in office for three years. Councilmember Low replied she has been on council for one year. Mayor Tran stated the city clerk has done a good job summarizing the minutes and stated to her that as far as grammatical corrections are okay. When Council changes the context of the minutes they should bring it to council. Councilmember Clark stated she had been trying to do that previously and Ms. Low said to her, "she shouldn't have brought it to council". Councilmember Low commented she had also submitted comments to the city clerk but it was up to her to listen to the tape and either incorporate the comments or not. She stated she did not go into her office and told her "that is what I want in the minutes". Questioned how detailed should one get and asked if the Clerk changed the minutes for one Councilmember then it should be done for all five. Councilmember Clark stated yes and if Council does not like it they can take it out. Councilmember Low reiterated the problem was the summary minutes versus detailed minutes or vice versa; with all the statements that you want the City Clerk to include in the minutes has become the problem. Councilmember Clark commented all council has the second set of the same minutes with the corrections and asked if they've read them. Councilmember Low replied she did have her set. Councilmember Clark indicated that if there are certain things they don't like, they can take them out. Mayor Pro Tern Nunez asked to make a motion to approve all three minutes. Councilmember Clark stated there are corrections that really need to be made, going back to April 8th, on page 4 read a statement that was made which was not correct, and added that if you limit minute corrections for motions, you are going to have incorrect minutes. Ms. Clark continued reading the minutes which stated, "They could only borrow it once in ten years and pay it back with interest". If coming and telling her this is what I actually said, now we cannot make a correction to clarify something. Councilmember Low stated this is the problem when you have minutes written like this; this is why we should have video taped meetings and all you have to do is capture the action. City Council Meeting Minutes of April 22, 2008 Page 9 of 22 Councilmember Clark stated "if you video tape just wait and see what happens". Mayor Tran reiterated there was a motion on the table to approve the minutes of February 26, 2008, March 25, 2008, and April 8, 2008. Councilmember Low seconds the motion to approve the minutes submitted by the city clerk. Mayor Pro Tern Nunez made a motion, second by Councilmember Low to approve the minutes submitted by the City Clerk. Vote resulted in: Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None Absent: None Councilmember Taylor asked for the record to show that his no vote was because they are not allowing the corrections of the minutes and not letting the public view them. Councilmember Clark also asked for the record to show that she agreed with Councilmember Taylor. Councilmember Low stated her yes vote was because the minutes did reflect and summarize the events that happened in the meeting. City Manager Chi asked for clarification on the direction from council and asked if in the future meetings will be video taped. Mayor Pro Tern Nunez asked City Attorney Garcia if council can direct staff to video tape the meetings. City Attorney Garcia recommended ...inaudible comments... Mayor Pro Tern Nunez asked about action minutes. City Attorney Garcia replied it would be preferable to have it agendized for the next meeting. F. Resolution Authorizing the Application for Grant Funds from the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy The San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) offers grant opportunities for projects that help preserve open space and habitat in eastern Los Angeles County and western Orange County. In November 2007, staff completed the first step in the grant application process, submitting grant application packages for four projects in the City of Rosemead. The City recently received notification that three of the four projects are eligible to move on to the second step of the grant process. Resolution No. 2008-30 will authorize staff to apply for grant funds for three park development projects. City Council Meeting Minutes of April 22, 2008 Page 10 0'22 • 0 Recommendation: That the City Council approve Resolution Nos. 2008-30, 2008-31, and 2008-32, authorizing the City of Rosemead to apply for grant funds from the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy for three pocket park development projects. City Manager Chi reviewed staff report and stated the City has had incredible success having three grants which are in the application process and having Council approve the resolutions in collateral to continue in moving those grant applications forward. Commended Administrative Service Officer Marcarello for putting the project together with Rivers and Mountains Conservancy. Councilmember Taylor asked for clarification on the three park projects exact location. City Manager Chi replied the location of the park projects will be south of Garvey on San Gabriel Blvd, it is a street parcels under transition for easement, there are two parcels west of San Gabriel, and one parcel east of San Gabriel. Councilmember Taylor asked if it were the full width of the lot. City Manager Chi replied yes... (inaudible) Councilmember Taylor indicated if it were three separate blocks. One on the east side it's a block long and on the west side of San Gabriel its two blocks long. City Manager Chi replied there are two separate parcels that are being requested. Councilmember Taylor commented he is in favor of having the parks but the question is as far as the city maintaining these parks; will there be restroom facilities? City Manager Chi explained that in the grant application, one of the things that staff will be doing is maintaining the park. Councilmember Taylor asked if the city is going to have to maintain and furnish the man power to keep these parks. City Manager Chi explained the projects are in the early stages and staff is recommending the entire parcels be covered in grass. The next phase of the project will be the physical structure of the facilities and so on. Staff will not commit on anything without coming back to council for full financial impact at to the needs of the projects. Mayor Pro Tern Nunez made a motion, second by Councilmember Low to approve staff recommendation. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None City Council Meeting Minutes of April ZZ, 2008 Page 11 of 22 • 0 Acquisition of 9331 Glendon Way, Rosemead On October 9, 2007, City Council entered into an Agreement with Rio Hondo Community Development Corporation (RHCDC) for the production of affordable housing using the 15% CHDO set-aside funding as required under the Home Investment Partnerships (HOME) entitlement grant. Since then, the City has been working with RHCDC to locate a property suitable for affordable housing. Recently, a single-family home located at 9331 Glendon Way in the City of Rosemead became available for sale with an asking price of $450,000.00. We were one of several offers made on the property and the owner selected RHCDC's offer of $445,000.00. In addition to the $445,000.00, RHCDC would be required to pay approximately $7,899.00 in related soft costs and closing costs, and is in need of $5,000 for some cosmetic improvements upon acquiring the property. Therefore, the total amount needed would be $457,899.00, pending funding approval of a 0% deferred payment loan by the City Council in the amount of $214,615.00 from the HOME CHDO Set-Aside Fund and a 0% forgivable loan by the Rosemead Community Development Commission of $243,284.00 from the Low and Moderate Income Housing Fund. The unit would be restricted as a rental property for a low- to moderate-income household and be subject to a 55-year affordability covenant. The property currently contains a 1,259 square foot, three-bedroom, two bathrooms, single-family residence built in 1961 on a 6,046 square foot, R1-zoned lot Recommendation: That the City approve a 0% deferred payment loan in the amount of $214,615.00 funded by the HOME CHDO Set-Aside Fund to the Rio Hondo Community Development Corporation for the purchase of the property located at 9331 Glendon Way and approve and authorize the Mayor to enter into all related documents including the Regulatory Agreement. The loan would not be due payable until the sale of the home, transfer of ownership or year 55. Mayor Pro Tern Nunez made a motion, second by Councilmember Low to approve staffs recommendation. Vote resulted in: Yes: Clark, Low, Nunez, Tran No: Taylor Abstain: None Absent: None Councilmember Clark asked for the record to show what she had previously stated at the Community Development Commission meeting about the condition of approval. Councilmember Taylor stated he had objected when the city started to buy single family dwellings. Mayor Tran commended staff on a great job on the money the City has received. City Council Meeting Minutes of April 22, 2008 Page 12 of 22 • • 4. MATTERS FROM CITY MANAGER & STAFF A. Review of Proposals for City Engineering Services On February 12, 2008, the City Council approved specifications for engineering services and authorized staff to solicit bids from qualified engineering services firms. Also at this meeting, the City Council asked staff to develop a proposal to perform these services in- house with City staff. Staff issued a Request for Proposals (RFP) for these services and received five proposals, including four from outside professional engineering firms and one from the City's Development Services Business Unit. The proposal start date for services is June 1, 2008. Recommendation: That the City Council review the attached proposals and provide further direction to staff. Jim Flournoy, suggested to council that they take a good look at all the proposals and move on. City Manager Chi reviewed staff report in which staff received five requests for proposals for Council to review. The City also submitted an RPF and whoever the Council chooses, the contract will commence in June. Mayor Tran asked the Council what they would like to do. Mayor Pro Tern Nunez recommended that he would like to see how the City can provide services from within, and would like to accept the proposal from the City. Mayor Pro Tern Nunez made a motion, second by Councilmember Low to accept the City of Rosemead's RFP. Also, commented that the City is looking at a good opportunity, better services, looking forward to see how staff brings it together. Companies that are here are very professional and have good experiences and the city will be looking forward to working with them on different projects Councilmember Taylor made a substitute motion, to hire AAE, Incorporated for the city's engineering job. Mr. Taylor added that they are fully staff to do the job, the proposal that the city submitted stated that we still will be using outside engineers. The City bid is $498,000 and AAE, Inc is about $644,000 but much more qualified that our in house. Mr. Taylor asked Mr. Chi about using outside contractors. City Manage Chi replied correct; the full annual cost of the city's proposal would be $498,496 dollars which includes anticipated contractual revenue. The City's proposal includes hiring two additional full time city employees. In addition to that, the city would have two other contractors and a part-time city traffic engineer on contractual basis. At this point of time staff is looking for further direction. Councilmember Clark asked for clarification on the additional staff, questioned that the city would be taking on their salaries but also their health benefits. Is the city going to see a drain on reserves because of additional staffing? Ms. Clark seconds the substitute motion. City Council Meeting Minutes ofApril22, 2008 Page 13 of 22 • C Councilmember Low asked for Mr. Chi to explain the annual cost of 498,496 dollars City Manager Chi reiterated the $498,000 cost was fully earned cost including benefits for the two full time employees, it is in the city's proposal. Administrative Officer Marcarello explained that the information related to city proposal is in the city's bids guidelines cost proposal. Assistant City Manager Saeki stated that in preparing the proposal staff looked into the cost for those two employees. Councilmember Clark asked that it included salary and benefits? Assistant City Manager replied yes. Councilmember Taylor made a substitute motion, second by Councilmember Clark to accept the RFP from AAE, Incorporated. Vote resulted in: Yes: Clark, Taylor No: Low, Nunez, Tran Abstain: None Absent: None Mayor Tran asked for the current motion of the acceptance of the City of Rosemead's proposal. Mayor Pro Tern Nunez made a motion, second by Councilmember Low to approve the RFP from the City of Rosemead. Vote resulted in: Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None Absent: None Mayor Tran clarified that in the proposal staff mentioned that some of these services will need outside contractors. City Manager Chi replied correct Councilmember Clark asked if staff contracts with an outside contractor, will the council review those contracts. City Manager Chi replied yes. City Council Meeting Minutes ofApril22, 2008 Page 14 of 22 • 0 B. Emergency Summer Closure of Garvey Pool Garvey Pool is one of two pools used to serve the residents of Rosemead. The pool dates back to 1950 and has in recent years required numerous repairs to interior and exterior facilities and to mechanical systems just to keep it operational. Most of these have been "band-aid" approaches which have not adequately addressed the fundamental problem of the pool's age and failing systems. For fiscal year 2007-08, City Council approved $84,000.00 for improvements at the facility including the gutters and deck. When contractors recently assessed the condition of the pool deck, they discovered that the deck, its substructure, and the gutters need to be replaced. The deck is lifting and cracking over much of its surface. Five of the gutters are completely clogged and several others are operating at 30% capacity. This has left the pool's filtration system largely ineffective. Both of these are serious potential hazards for pool users and put the City at significant risk of liability. In light of these discoveries, it appears that the pool will likely remain closed during the summer months. Thus, it is imperative to address both the issue of the pool's condition and the swim needs of residents around Garvey Pool. In an effort to proactively meet the recreation needs of residents, staff proposes operating a shuttle to take patrons to Rosemead Pool to participate in swim activities; and, to assign additional staff to Garvey Park this summer to expand normal park programming with water play activities. To address the problems at the pool, the following options are proposed: 1. Bid the deck project and make repairs as soon as possible. 2. Permanently close Garvey Pool and consolidate all aquatics activities to Rosemead Pool. 3. Hire an architect to create a Master Plan for Garvey Park to include the Pool, Gymnasium, Clubhouse, and other park facilities/amenities, and proceed with renovations as funds are made available. Recommendation: That the City Council approve the following: 1. Proposed shuttle to transport patrons from Garvey Pool to Rosemead Pool; 2. Provide additional staff to Garvey Park during the summer months; and 3. Provide staff with additional direction regarding next steps at Garvey Pool. Brian Lewin, commented that the City had done a lot for the north part of the city and would like to propose to do more for the southern part of the city. Suggested to council to consider option number 3 and create a master plan in getting the city clean-up. Jim Flournoy, this is a tragedy, about the facilities, we need a swimming facility. City Council Meeting Minutes ofApril22, 2008 Page 15 of 22 • 0 Mayor Tran stated there are three options to bid on. Councilmember Taylor suggested the city start with the roofing part of the project and hire an architect to create a master plan; however he did not feel it was wise to permanently close the pool right now. Park and Recreation Director Montgomery-Scott explained the photographs of the pool's facility condition. Also, explained that by JPIA (Joint Power Insurance Authority) standards, state that anything in excess % of an inch above grade is considered a trip hazard. Councilmember Clark asked if when that happens on the sidewalk, they put asphalt patching to smooth it out. Park and Recreation Director Montgomery-Scott stated the other alternative is that you can grime it as well, however, the problem exist in a five foot rip band around an entire perimeter of the pool. There was a five foot band that was repaired about ten years ago and as a result that band is sinking creating trip hazards on both sides. Councilmember Clark asked how much it would cost to put asphalt on it. Park and Recreation Director Montgomery-Scott explained the problem will continue it is a substructure problem. Ms. Clark expressed concern because the summers are very hot. Mayor Tran indicated that the temporary fix is a liability according to the JPIA standards. City Manager Chi added there is the possibility of it grinding down. The other problem is the filtration system of the pool, there are potential people discharges in the pool, and the filtration of 440,000 plus gallons is not up to quality. Park and Recreation Director Montgomery-Scott continued explaining the photographs. Councilmember Taylor asked for clarification on a photo, he could not see the settlement that Mr. Montgomery-Scott was describing. Asked if it was possible to get through this summer and use the pool for another year. Also, added that the filtration system had been there for 50 years and it may need a simple modification. Park and Recreation Director Montgomery-Scott added the problem has existed for some time. There is no correction other than removing the area, which has been the case for a number of years. Mayor Pro Tern Nunez indicated he was told by a citizen last year that the pool in question was closed a great number of days, due to the filtration system. Park and Recreation Director Montgomery-Scott replied it was possible those could have been the incidents that Mr. Chi referred a moment ago. For example, if there was defecation in the pool it would have had to been shut down at least 24 hours. City Council Meeting Minutes ofApril22, 2008 Page 16 of 22 • Park and,Recreation Director Montgomery-Scott indicated anyone that will take the shuttle to the Rosemead Park Pool will require a waiver. Mayor Tran asked as far as filtration system is it possible to bring in an independent cleaner to have the pool cleaned weekly for the next couple of months. Park and Recreation Director Montgomery-Scott replied yes; staff can look into bringing different options. Councilmember Taylor asked Mr. Montgomery-Scott to go back to the first photo, and indicated as he did not see any settling and chipping according to the picture. Mayor Tran suggested that staff should hire and architect to create a Master Plan; Second, staff should come up with a solution. Councilmember Taylor made motion, second by Councilmember Low to hire an architect to create a Master Plan and keep the Garvey pool open for this summer. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None C. Proposed Activities to Commemorate the City's 50th Anniversary On August 4, 1959, Rosemead officially incorporated. In 2009, the City will be celebrating 50 years of cityhood. With 2009 only eight months away, it is important to begin planning for the celebration as soon as possible. Further, with the 2008-09 Fiscal Year Budget currently being developed for City Council review, funds should be included for 50th Anniversary activities. Recommendation: That the City Council consider and conditionally approve (pending final approval of the 2008-09 budget) any of the proposed events, activities, and promotional efforts that they deem appropriate for Rosemead's forthcoming 50th Anniversary celebration and direct staff to proceed with planning and budgeting for those activities. City,Manager Chi reviewed staff report and asked Mr. Montgomery-Scott to explain the proposed activities. Park and Recreation Director Montgomery-Scott went over proposed activities, the endeavor in celebrating for the entire year with the emphasis attempting to put together a significant event for each quarters. Chronologically proposed actives are as followed: 1. 50's themed dance 2. Golf tournament 3. City of Rosemead day at Dodger Stadium (first world series won in 1959) 4. Enhancements of normal city activities such as Fireworks shows City Council Meeting Minutes ofApril 22, 2008 Page 17 of 22 • E 5. 4th of July parade focusing on the 1950's automobile 6. Birthday party at City Hall. 7. Six concerts series 8. Enchantment of the Oktoberfest activity Councilmember Low made a motion, second by Mayor Pro Tern Nunez to accept the recommendation for staff to proceed with planning and budgeting of the 50th anniversary celebration of the City. Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None D. Proposed Adjustments to Preschool and Contract Instructor Rates The City of Rosemead has not increased program or service fees since 1991. As a result, MuniFinancial, a financial consulting firm, was hired in 2007 to conduct a fee survey. Specifically, they were to evaluate the City's revenues and expenditures to determine to level of cost recovery-how much the City spends for its operations as compared with the revenues generated from its programs and services. MuniFinancial's preliminary analysis of the Parks and Recreation Department suggests that we recover less than 6% of the costs associated with the department's efforts. For fiscal year 2006-07, the Parks and Recreation Department generated $337,900.00 in revenues as compared with its $5.8 million budget. While we cannot expect to reach 100% cost recovery, 6% is extremely low and necessitates a very high degree of subsidy for the programs and activities Rosemead offers. As part of our current budget process, staff has conducted its own evaluation of several programs to determine how we might lessen existing subsidies. Cities are prohibited from charging fees that exceed 100% cost recovery in many of the services they provide. Others, however, can be determined by market demand. In consideration of these factors, staff has evaluated Rosemead's preschool program fees and the percentage of contract class fees paid to instructors. Preschool fees are limited by cost recovery, while Instructor-City fee ratios are market driven. Recommendation: That the City Council approve the following and these adjustments in rates be effective beginning with summer 2008 registration which is held the last week of June: 1. The proposed three-phase fee adjustments for the City's preschool program, 2. Institute a non-resident fee of $25.00 per student per quarter; and 3. Decrease the percentage of participant fees paid back to contract class instructors to reflect a 70% to 30% split. City Council Meeting Minutes ofApril22, 2008 Page 18 of 22 • • City Manager Chi reviewed staff report. Park and Recreation Director Montgomery-Scott explained the staff report further and recommended a three phase increase of the program. Councilmember Taylor asked for clarification regarding the three quarters, is there another winter session? Park and Recreation Director Montgomery-Scott replied the City will continue to operate 4 quarters out of the year. The current proposal reduces schools to ten weeks per quarter of service with the same amount of instructional hours, there is no loss there. Councilmember Taylor asked if there will be cut downs. Park and Recreation Director Montgomery-Scott explained it is not uncommon to take a couple of weeks off during registration period. Councilmember Taylor asked about the $1200 non-resident fees, what if we made that non-residential a $50 dollar fee per class. Park and Recreation Director Montgomery-Scott explained that there may be an impact of how many residents and non-residents fees that join the program. Most programs run from 22-23 students out of 24 per Class. Councilmember Taylor made a motion to change the non-resident fee at $50 dollars per class. The motion was second by Councilmember Clark. Mayor Pro Tem Nunez made substitute motion to keep the $25 fee per class for non-residents, Councilmember Low second the substitute motion as staff recommended. Mayor Pro Tern Nunez made a motion, second Councilmember Low to accept staff's recommendations. Vote resulted in: Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None: Absent: None 5. MATTERS FROM MAYOR & CITY COUNCIL A. City Council Term Limit Research On April 8, 2008, Council Member Low requested that staff gather information regarding the potential of implementing a mechanism which would limit the number of terms and individual could serve as a member of the Rosemead.City Council City Council Meeting Minutes ofApril 22, 2008 Page 19 of 22 Recommendation: That the City Council provide further direction regarding this matter. Brian Lewin indicated he would like to thank Council Member Low for bringing this issue to the agenda; most offices at one point have term limits. Suggested limiting council members to 3 consecutive four year terms and followed by an unemployed full term before they can run again. Councilmember Low commented it is a very good experience; if you don't have term limits it is easy for an incumbent to stay into office. She felt that people should be given the opportunity to participate in city matters. Ms. Low added that when some one is in office for so long they lose curiosity and Rosemead deserves to get fresh ideas. Councilmember Taylor expressed that to bring new council members in is a great idea. Stating that when he was elected, sometimes certain things did not change; he was elected to protect the home owners and business and has done so for 30 years. Also, indicated the differences between him and Ms. Low was that she proposes to change Valley Boulevard and Garvey from city limit to city limit and change the zoning to have commercial and residential density with minimum of three-four stories. Many people disagree with increasing the density of 30 units per acre. Mr. Taylor added that in the past three elections he has turned down campaign money and clarified with the exception of Wal-Mart, which they spend. Although, then unions came in and put in $100 thousand dollars to stop Wal-Mart. Mr. Taylor read a letter from Ms. Nancy Eng which described her support of the intent for term limits for elected officials in general. Mr. Taylor proceeded to read Ms. Eng letter. Councilmember Low made a comment to Mr. Taylor which has been in office for 30 years and has contributed a lot to the City. However, she felt that there are a lot of things she can challenge; up to 2007 the city was still typing checks, using a typewriter, which is unheard of because everything is computerized. She is in support of Council members having 3 four year terms. Mayor Tran asks staff to bring back to council a resolution. Councilmember Clark questioned... inaudible. City Manager Chi stated any elected body would star over on a fresh slate on the existing council if the term limits are passed. Councilmember Low made motion, second by Councilmember Clark to have staff bring back as a formal resolution for term limits to be set on the ballot. Yes: Clark, Low, Nunez, Tran No: None Abstain: Taylor Absent: None Mayor Tran asked Councilmember Clark if she wanted to discuss the charter city topic. Councilmember Clark ask staff to bring back for consideration of Rosemead in becoming a charter city, stated that it will give city independence from state. City Council Meeting Minutes of April 22, 2008 Page 20 (?f 22 E 0 B. Wal-Mart Cart Discussion Per Council Member Clark Brian Lewin asked if the city is charging any Supermarkets for cart retrieval. City Manager Chi replied no, staff takes the carts to a location and are picked up by the cart retrieval company. There is a fee the supermarket pays to get their carts back. Councilmember Taylor asked for clarification on last month's bill, the city paid $850 dollars; however, there are charges for double or triple that. Mr. Taylor explained the city picks up the carts and the contractor gets five dollars per cart by the store when returning the carts; and asked why does the City have to pay every month to get the cart picks up? City Manager Chi explained that the City contracts with a shopping cart retrieval Company which picks up the carts on a weekly basis and returns them to the stores it belongs to. Ways to keep the city clean of shopping carts. Councilmember Clark questioned the city paying for cart retrieval and having the company take the carts to the stores and getting paid for that too. Mr. Lewin suggested that as soon as the city makes it cost effect for the stores to deal with it themselves the cart problem will drop dramatically. Jim Flournoy commented that residents did not want to see shopping carts out in the street; he pointed out that he liked the city's pick up system and do whatever it takes to take the carts off the street. Marlene Shinen stated that since August 16 2004, the Planning Commission took a vote to...(inaudible) took the initiative'in terms of consideration... store... because they did not want to see grocery cart loitering the neighborhood and are required that Wal-Mart carts is really no way to move a cart for four years we still have out the city. And you say the city has a role, we don't have a role... in the EIR 4.2 stated, as the agency Rosemead is responsible on insuring... adopted... Rosemead is responsible for to see that one approval since day one...did nothing ...(inaudible comments)... condition of approval the agency part of this shall be install in all parts. To contain the cart ...shopping center to continue to this day they want their cart... Councilmember Low are you suggesting people steal the carts because they have no cars... Councilmember Low stated she did not support having people take carts from the cart area. Marlene Shinen asked Mr. Chi regarding a complaint made on the 8m by South San Gabriel residents asked about the conversation between Mr. Chi and Mr. Lopez. City Manager Chi stated he had spoken to Mr. Lopez. Assistant City Manager Saeki stated Mr. Lopez told him he had one conversation with Ms. Shinen and she asked him about how much the carts cost; Mr. Lopez has never had another conversation with Ms. Shinen about that. Wal-Mart has its own cart retrieval service since the past month. City Council Meeting Minutes of April 22, 2008 Page 21 of 22 0 • Marlene Shinen stated Wal-Mart is in violation. Ms. Shinen felt the City should admit that Wal-Mart has been in violation for some time. Councilmember Clark asked for the Attorney to check on what the city can do in terms of charging the cart company services. City Manager Chi replied yes; staff would be more than happy to put on a proposal under how to address this particular issue. Mayor Tran expressed concern with the shopping cart issue and asked staff to come up with a solution; added if the city should keep paying a contactor $10,000 dollars to have carts picked up or hire a part- timer. Councilmember Taylor described the locking system that that Wal-Mart has which has met their condition. Mayor Tran felt that there are times when I tried to personally and it did lock the first time it did not the second time. Councilmember Low stated this is a city wide problem; challenged staff to bring back a proposal. Councilmember Taylor asked that he would like to have on the next agenda about posting a 10,000 reward; there have been 3 murders and 2 and a half another. (inaudible statements) Councilmember Clark asked to make a comment reiterating about Ms. Low's earlier comments about the incident with the previous City Clerk. Ms. Clark clarified that she went to City hall and found out that four people have been fired. She was angry that the previous City Manager has lied to her. She stated that what she did was vent her situation to the previous City Clerk. Councilmember Low stated she did not hear the exact words Ms. Clark had said. Ms Low heard about the incident from the people that were working at that time. Added that is important to treat staff professionally. Mayor Tran announce that there will be a special meeting the following Friday regarding the reconsideration of the land use designation on south west quadrant from medium density to low density. 6. ADJOURNMENT Mayor Tran adjourned the meeting at 9:50 pm and stated that the City Council will conduct a special meeting on Friday, April 25th, 2008 at 6:00 pm. Respectfully submitted by: Gloria Molleda City Clerk I Joh ran Ma r City Council Meeting Minutes gfApril 22, 2008 Page 22 q/ 22 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD 1 I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the minutes from April 22, 2008, were duly and regularly approved and adopted by the Rosemead City Council on the 27`n of May 2008, by the following vote to wit: Yes: Clark Low, Nunez, Tran No: Taylor Abstain: None Absent: None 8n oY Gloria Molleda City Clerk