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CC - Minutes - 09-25-18 Special • MINUTES OF THE CITY COUNCIL SPECIAL MEETING CITY OF ROSEMEAD CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION JOINT REGULAR MEETING SEPTEMBER 25,2018 The special meeting of the Rosemead City Council was called to order by Mayor Ly at 6:05 p.m., in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PRESENT: Mayor Ly, Mayor Pro Tem Clark, Council Members Armenta and Low ABSENT: None 1. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Government Code Section 54956.9 (d) (2): Number of cases: 1 Mayor Ly recessed the special meeting at 6:05 p.m. and reconvened the regular and joint meeting at 7:00 p.m. The regular joint meeting of the Rosemead City Council and Successor Agency to the Rosemead Community Development Commission was called to order by Mayor Ly at 7:00 p.m., in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PRESENT: Mayor/Chair Ly, Mayor Pro Tem/Vice Chair Clark, Council Members/Board Members Armenta and Low ABSENT: None STAFF PRESENT: Assistant City Manager Tsujiuchi, City Attorney Richman, Chief of Police Kusayanagi, Director of Finance Lieu, Director of Community Development Kim, City Engineer Fajardo, and City Clerk Hernandez PLEDGE OF ALLEGIANCE was led by Council Member Low INVOCATION was led by Council Member Armenta City Attorney Richman announced there was no reportable action taken in closed session. Rosemead City Council and Successor Agency to the Rosemead Community Development Commission Special&Regular Joint Meeting Minutes of September 25, 2018 Page 1 of 12 2. PUBLIC COMMENT Daniel Luevanos, Ambassador Representative of One Legacy Donate Life, spoke on the importance of tissue and organ donation. He extended an invitation to the City Council to attend the First Look event on December 12th, where One Legacy Donate Life displays their Rose Parade float, meet honorees, and volunteers. Mr. Luevanos thanked the City Council for providing a proclamation in support of organ donation. Dolly Leong, Resident, submitted a letter for the record expressing concerns regarding personal funds seized by the Tax Franchise Board of$6,033.80 to pay for delinquent fees due to the City. Mrs. Leong requested a refund of the fees. City Attorney Richman clarified that Mrs. Leong's delinquent citations were from several months to years of citation fees overdue. She explained that when citations are issued, residents are given notice of the opportunity to file an appeal of the citation and work with the Code Enforcement Officer. If an appeal is not filed and no payment is made, the City will turn over the delinquent citation fees to a collection agency,which occurred with Mrs. Leong's case. Mrs. Leong replied she was not aware her citations were overdue for months or years. She stated she felt discriminated and requested a refund from the City. 3. PRESENTATIONS A. Introduction of Newly Appointed Accounting Specialist Maria Festejo Director of Finance Lieu introduced and welcomed new hire Accounting Specialist Maria Festejo. Accounting Specialist Maria Festejo thanked the City Council and staff for the opportunity to be part of the Rosemead family. B. Recognition of Outgoing Chief of Police Lieutenant Robert Hahnlein Mayor Ly recognized Outgoing Chief of Police Lieutenant Hahnlein and thanked him for the invaluable service to the Rosemead Community. Mayor Pro Tem Clark expressed gratitude for his service and appreciated his line of work for putting his life on the line every day. Council Member Low thanked Outgoing Chief of Police Lieutenant Hahnlein for his work with Rosemead residents and the business community. Council Member Armenta thanked Outgoing Chief of Police Lieutenant Hahnlein for being accessible and readily available to the City Council, staff, and the community. Rosemead City Council and Successor Agency to the Rosemead Community Development Commission Special&Regular Joint Meeting Minutes of September 25, 2018 Page 2 of 12 Captain Flores, Temple Station Sheriff, acknowledged Outgoing Chief of Police Lieutenant Hahnlein for his work in the City and a leader to the Rosemead Special Assignment Team at Temple Sheriff Station. Outgoing Chief of Police Lieutenant Robert Hahnlein, thanked the City Council and staff for the fond memories and the opportunity to serve the Rosemead community. 4. PUBLIC HEARING - A. Adoption of the Updated 2017 Congestion Management Program and 2017 Local Development Report The Congestion Management Program (CMP) is a State mandated program that helps address the impact of urban congestion in local communities. The CMP requires that all cities in Los Angeles County file annually a Local Development Report(LDR)indicating the City's actions taken to reduce traffic congestion in the region. Additionally, on odd numbered years, the City must conduct traffic counts and calculated levels of service for identified arterial intersections. The City has conducted the necessary traffic counts at the intersection of Garvey Avenue and Valley Boulevard, as required by the CMP. In order to meet its requirements,the City must adopt a resolution finding the City of Rosemead in compliance with the CMP for Los Angeles County and also submit a Local Development Report. Recommendation: That the City Council take the following actions: 1. Adopt Resolution No. 2018-52 finding that the City is in conformance with the Congestion Management Program (CMP) for the County of Los Angeles; 2. Adopt the 2017 Local Development Report and authorize staff to submit the CMP Local Development Report to the Los Angeles County Metropolitan Authority. Director of Community Development Kim reported in order for the City to be compliant with the Congestion Management Program, Metropolitan Transit Authority mandates an annual report by local governments. Under Proposition 11, a statewide transportation funding proposal, requires local governments to implement mitigation measures to offset the impact of new development on the regional transportation system. Cities are required to hold a Public Hearing and adopt a resolution finding that the City is in compliance with the Congestion Management Program and the Local Development Report, a local certification plan. Mayor Ly opened the Public Hearing for public comment; there being no comments, he closed the Public Hearing. Rosemead City Council and Successor Agency to the Rosemead Community Development Commission Special&Regular Joint Meeting Minutes of September 25, 2018 Page 3of12 ACTION: Moved by Council Member Low, seconded by Council Member Armenta to adopt Resolution No. 2018-52, adopt the 2017 Local Development Report,and submit the CMP Local Development Report to the Los Angeles County Metropolitan Authority. Motion was carried out by the following vote AYES: Armenta, Clark,Low,Ly ABSENT: None 5. CONSENT CALENDAR Mayor Ly noted a request to pull Item 5 H for separate discussion and vote. • Mayor Pro Tem Clark requested to table the special and regular meeting minutes of August 14, 2018 to a future meeting. A. Claims and Demands • Resolution No. 2018-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $18,424.11 NUMBERED 101125 THROUGH NUMBER 101134 INCLUSIVELY Recommendation: Adopt Resolution No. 2018-57. • Resolution No. 2018-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,338,799.00 NUMBERED 101114 THROUGH NUMBER 101124, AND NUMBERED 101135 THROUGH NUMBER 101224 INCLUSIVELY Recommendation: Adopt Resolution No. 2018-58. • Resolution No. 2018-13 SA A RESOLUTION OF THE CITY OF ROSEMEAD, CALIFORNIA, AS THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,773,735.77.00 NUMBERED 10248 THROUGH 10249 INCLUSIVELY Recommendation: Adopt Resolution No. 2018-13 SA. Rosemead City Council and Successor Agency to the Rosemead Community Development Commission Special&Regular Joint Meeting Minutes of September 25, 2018 Page 4 of 12 B. City Council Meeting Minutes Recommendation: That the City Council approve the special and regular meeting minutes of August 14, 2018, and the regular meeting minutes of August 28, 2018. C. Second Reading of Ordinance No. 982 on Regulating Vacant Lots and Municipal Code Amendment 18-03 On September 11,2018 the City Council conducted a public hearing and introduced Ordinance No. 982 by title, amending chapter 17.68 of the Rosemead Municipal Code relating to the regulation of vacant lots. Recommendation: That the City Council approve the second reading and adoption of Ordinance No. 982 by title only, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING VARIOUS SECTIONS OF CHAPTER 17.68 (FENCES, WALLS, AND LANDSCAPE SCREENING) OF TITLE 17 (ZONING), AND ADDING CHAPTER 8.48 (VACANT LOTS) OF TITLE 8 (HEALTH AND SAFETY) OF THE ROSEMEAD MUNICIPAL CODE REGULATING VACANT LOTS D. High Intensity Activated Crosswalk Project at Mission Drive and Ivar Avenue — Project No. 28004 Award of Contract As a part of the City's Fiscal Year 2018-2019 Capital Improvement Program, the City Council approved a project to improve the intersection of Mission Drive and Ivar Avenue. The project consists in the installation of a flashing beacon system that will work in coordination with the existing in-pavement flashing crosswalk. This is a federal aid project funded through the Highway Safety Improvement Program Local, with a total approved grant of$241,300. Recommendation: That the City Council take the following actions: 1. Approve the plans and specifications for the High Intensity Activated Crosswalk Project Mission Drive and Ivar Avenue Project No. 28004; and 2. Authorize the City Manager to enter into a contract with Elecnor Belco Electric Inc. in the amount of$106,000. In addition, authorize an amount of$10,600 (10%) as a contingency to cover the cost of unforeseen construction expenses. Rosemead City Council and Successor Agency to the Rosemead Community Development Commission Special&Regular Joint Meeting Minutes of September 25, 2018 Page 5 of 12 E. Highway Safety Improvement Program Local Resolution No. 2018-55 Authorizing City Manager to Execute an Agreement with the State of California for the Reimbursement of Funds As part of the City's Fiscal Year 2016-2017 Capital Improvement Program, the City Council approved a project titled, "High Intensity Activated Crosswalk — Mission/Ivar." The project consists in the installation of a flashing beacon system that will work in coordination with the existing in-pavement flashing crosswalk. This is a federal aid project funded through the Highway Safety Improvement Program Local, with a total approved grant of$241,300. Recommendation: That the City Council approve Resolution No. 2018-55 authorizing the City Manager to execute the supplemental agreement No.013-F to administrating Agency-State Master Agreement for State Funded Projects No. 07-5358F15, for the reimbursements of$241,300 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA AUTHORIZING CITY STAFF TO EXECUTE THE PROGRAM SUPPLEMENT AGREEMENT NO. 013-F, FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM LOCAL -HSIPL 5358 (019) BETWEEN THE CITY OF ROSEMEAD AND THE STATE OF CALIFORNIA F. State Highway Account — Sustainable Communities Grant — Approving and Authorizing City Manager to Execute a Restricted Grant Agreement with the State of California(Caltrans) City of Rosemead received a grant application from the California Department of Transportation (Caltrans), Division of Transportation Planning in the amount of $184,950. In order to proceed with the process it is required to approve a Restricted Grant Agreement (RGA) between the State of California acting by and through its Department of Transportation (Caltrans) and the City of Rosemead. By law, the State of California cannot pay for work undertaken by any contractor prior to complete approval of the RGA. Recommendation: That the City Council approve and authorize the City Manager to execute the Restricted Grant Agreement(RGA)No. 74A1094. G. Request to Install Red Curb at 9063 Mission Drive at Rosemead High School During the August 14, 2018 City Council meeting, resident Chuck Lyons expressed concern that a safety condition exists at 9063 Mission Drive, where cars exit from the east side parking lot. The City Council directed staff to review Mr. Lyons' request and present the findings to the Traffic Commission. The El Monte Union High School District Superintendent, Dr. Edward Zuniga, was contacted about this request and provided a letter from the District Director of Risk Rosemead City Council and Successor Agency to the Rosemead Community Development Commission Special&Regular Joint Meeting Minutes of September 25, 2018 Page 6 of 12 • Management & Safety, Roy Monge, expressed the District's support of marking red, a portion of the curb in front of the east parking lot. The item was presented to the Traffic Commission during the September 6, 2018, meeting. Members of the Traffic Commission determined that, although there was existing no parking signage from 7am to 4pm that the addition of 27-feet of red curbing would assist in reinforcing that the area be kept clear of vehicles at all hours to allow a safer exit onto Mission Drive. The remaining area not being painted red would continue to have the limited no parking signage that states "NO PARKING 7AM—4PM". Recommendation: That the City Council accept the Traffic Commission's recommendation to paint 27-feet of red curb on the east side of the exit from the east parking lot located at 9063 Mission Drive. Introduction and First Reading of Ordinance No. 984 Amending Section 2.48.040 of the Rosemead Municipal Code Relating to the City's Personnel System Recommendation: That the City Council introduce by title only Ordinance No. 984 for first reading. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING SECTION 2.48.040 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO THE CITY'S PERSONNEL SYSTEM ACTION: Moved by Mayor Pro Tern Clark and seconded by Council Member Low to approve the Consent Calendar Items A - I (with the exception of Minutes of August 14, 2018 and item H). Motion was carried out by the following vote AYES: Armenta, Clark, Low,Ly ABSENT: None ITEMS PULLED FOR SEPARATE DISCUSSION H. Public Works Construction Inspection Services Merrell Johnson Engineering, Inc. —Award of Contract Public works inspection services play a key role in the delivery of capital improvement projects,private development projects, and public works operations. The Public Services Department relies on the support of public works inspector to augment staffing levels and provide technical support to assist with projects and operations. Recommendation: That the City Council authorize the City Manager to enter into a contract with Merrell Johnson Engineering, Inc. in the not-to-exceed amount of $150,000 for fiscal year 2018-19, with an annual option to renew two additional one-year terms. Rosemead City Council and Successor Agency to the Rosemead Community Development Commission Special&Regular Joint Meeting Minutes of September 25, 2018 Page 7 of 12 Council Member Armenta expressed concerns with the amount of consultants the City contracts with. She noted the City has an Engineer personnel and asked why inspections cannot be done in-house. The exorbitant amount of money being spend on consultants is concerning to her. In response, City Engineer Rafael stated the Public Works Department did not have sufficient staff to conduct inspections in-house. The City is in the process of hiring a Director of Public Works and a Public Works Manager; after those position are filled staff could assess a new resolution regarding the matter. Council Member Armenta noted the proposed contract states a two-year term with an option to renew for two additional one-year terms. She argued that if the City hires a staff to do in-house inspections in the next few months,the City would still be held to the contract term. City Engineer Fajardo explained the contract term is until Fiscal Year 2018-2019, with the option to renew for two additional years; otherwise staff could go out for proposals for in-house inspections. In addition, clarified the $150,000 proposed cost of the contract, did not mean the City will spend the full amount. Terri Rodriguez, President, Interwest Consulting Group,thanked the City for a fair and transparent process. He noted there were a few items he'd like to clarify that did not show during the proposal process. First, his company does not charge a minimum time cost for call-outs on inspections or travel time. Second, the ability to provide bilingual staff in Spanish or Mandarin to further diversify the ability to communicate with the community. In addition, the proposed Construction Administrator,Kevin Co,is fluent in Cantonese and is a registered Engineer. Third, Kevin Co resides in the neighboring City of Monterey Park, which will give him the ability to respond quickly to call outs, especially during non-working hours. Council Member Armenta asked Mrs. Rodriguez if his inspectors were certified. Mr. Rodriguez affirmed Interwest Consulting Group Inspectors are certified; however unlike Building Inspectors, who are State certified, Public Works Inspectors have similar certifications in stormwater and other public construction activities; in addition, all project managers are registered engineers. Assistant City Manager Tsujiuchi clarified to the City Council the recommended agreement is for a one-year period, from September 30, 2018, to June 30, 2019. Mayor Ly asked if the role of the Public Works Inspector, always been a contracted service and has language been a barrier. City Engineer Fajardo replied inspection services have been contracted since 2010, the last inspection service was provided by SBC. There were no known issues regarding langue barriers. Rosemead City Council and Successor Agency to the Rosemead Community Development Commission Special&Regular Joint Meeting Minutes of September 25, 2018 Page 8 of 12 Mayor Pro Tern Clark inquired if consultant Merrell Johnson Engineering could provide Mandarin and Spanish speaking inspectors. In response, City Engineer Fajardo stated he would verify with the consultant if they have bilingual inspectors. Council Member Armenta asked if SBC was a certified inspector. City Engineer Fajardo replied SBC was not a certified inspector. Council Member Low requested to table the item to look through the rest of the proposals and obtain more information. City Engineer Fajardo noted the current contract with SBC will expire in five days; meanwhile,he suggested staff could conduct inspections until the next City Council meeting. Council Member Armenta reiterated her concerns on having an inspector not properly certified, should something happen, that could be a liability towards the City. Mayor Ly asked if staff could temporarily do in-house inspections and who is certified to do the inspections. City Engineer Fajardo asserted he is properly certified and could conduct the inspections temporarily. Mayor Ly tabled the item to the next City Council meeting with no objections from the City Council. Assistant City Manager Tsujiuchi clarified Council's direction that the current contract expires September 30, staff would not renew or extend the contract and the City Engineer Rafael Fajardo would perform the needed inspections temporarily. Mayor Ly affirmed and added the next City Council meeting is scheduled for October 9th, therefore the next company will have to take over immediately. City Attorney Richman interjected and asked to read Consent Calendar item 5I approved Ordinance No. 984 by title for the record. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING SECTION 2.48.040 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO THE CITY'S PERSONNEL SYSTEM Rosemead City Council and Successor Agency to the Rosemead Community Development Commission Special&Regular Joint Meeting Minutes of September 25, 2018 Page 9 of 12 6. MATTERS FROM CITY MANAGER& STAFF A. Nomination for San Gabriel Basin Water Quality Authority Board Member and Alternate Board Member , The City of Rosemead is one of the cities in the San Gabriel Basin without prescriptive water pumping rights;therefore the City may nominate a representative by resolution during the nomination period from September 20, 2018 through October 19, 2018. Recommendation: That the City Council: 1. Consider a nomination for Board Member to the San Gabriel Basin Water Quality Authority Board; and 2. Direct staff to send a resolution naming a nomination for Board Member to the San Gabriel Basin Water Quality Authority. Mayor Pro Tern Clark stated she has served on the San Gabriel Basin Water Quality Authority Board in the past and currently is the Alternate Board Member. She requested to be nominated again to represent the 13 cities without pumping rights. In her last election, to the San Gabriel Basin Water Quality Authority Board, she received votes from 9 cities;however, cities like West Covina are allotted 11 votes, which resulted in her losing by one vote in that election. 111 Council Member Low asked if any other members of the Council were interested in the nomination. Council Member Armenta stated she is involved with Water Education for Latino Leaders, known as WELL since 2012. She noted her passion for water issues and her continued water education with WELL; she indicated interest in putting her name on the next term to the San Gabriel Basin Water Quality Authority Board. ACTION:Moved by Council Member Armenta and Seconded by Council Member Low to nominate Mayor Pro Tern Margaret Clark as Board Member to the San Gabriel Basin Water Quality Authority Board; and direct staff to send a resolution nominating Mayor Pro Tem Margaret Clark. Motion was carried out by the following votes AYES: Armenta, Clark, Low,Ly ABSENT: None 7. MATTERS FROM MAYOR& CITY COUNCIL A. City Council Comments Rosemead City Council and Successor Agency to the Rosemead Community Development Commission Special&Regular Joint Meeting Minutes of September 25, 2018 Page 10 of 12 Mayor Pro Tern Clark noted she attended the League of California Cities conference and during a breakout session on homelessness, she expressed frustration on how the issue was now being addressed with the idea of housing first without concentrating on the two major problems of mental illness and drug addiction. She explained that two years ago, at a League of California Cities conference a session featured Saint Johns, a group focusing on helping the homeless. Their experience pointed to the fact that we must first get those with mental illness into treatment and those with drug addiction into rehabilitation.Proof that just getting them into housing first doesn't work was ten years ago when they got a homeless woman into housing but did not deal with the mental illness and drug addiction issues, that woman's two children are still on the street. Mayor Pro Tem Clark commented on illegal campaign signs placed on public right- of-ways and parkways. She requested Code Enforcement Officers to be on alert and proactively remove any campaign signs on public-right-of-ways for the upcoming election in November. She expressed frustration in seeing campaign signs on public medians from candidates during the June Primary Election. Mayor Ly asked City Clerk Hernandez what the current practice is on addressing campaign signs on public property and are candidates notified. City Clerk Hernandez replied staff has the authority to remove any illegal sign placed in public right-of-way, including public property such as medians. Candidates are notified when their signs are removed and may pick-up signs at City Hall. Council Member Armenta asked if there is a monetary fee for sending staff to remove illegally placed campaign signs on public property. City Attorney Richman stated only if you are able to see somebody putting a sign on public-right-of-way,you could cite them. Otherwise,you don't know who really placed the sign on public right-of-way and staff can't assume and cite the person identified on the sign. Council Member Low commended staff for a successful Moon Festival event. Council Member Armenta also noted she attended the League of California Cities conference; in addition affirmed the importance of attending conferences to learn about important issues and learning from other colleagues. Mrs. Armenta also commended staff for a successful Moon Festival event and praised the popularity of the event. Rosemead City Council and Successor Agency to the Rosemead Community Development Commission Special&Regular Joint Meeting Minutes of September 25, 2018 Page 11 of 12 8. ADJOURNMENT There being no further business, Mayor Ly adjourned the meeting at 7:52 p.m. A special meeting of the Rosemead City Council is scheduled to take place on September 27, 2018 at 6:00 p.m. in the Garvey Community Center located at 9801 Garvey Avenue. Ericka Hernandez, City Clerk APPROVED: 1 even Ly, Mayor Rosemead City Council and Successor Agency to the Rosemead Community Development Commission Special&Regular Joint Meeting Minutes of September 25, 2018 Page 12 of 12