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CC - Item 5A - Minutes 02-12-080 i MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL February 12, 2008 The regular meeting of the Rosemead City Council was called to order by Mayor Tran at 7:00 p.m. in the Council Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead, California. The pledge to the flag was led by Councilmember Low. The invocation was delivered by Councilmember Taylor. ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Low, Taylor, Mayor Pro Tern Nunez, Mayor Tran Absent: None 1. PRESENTATION San Gabriel High School Matadors Girl's Volleyball Team Mayor Tran introduced Jim Schofield, principal of San Gabriel High School. Jim Schofield read a letter to the City Council expressing his appreciation for their support on school sports and education. San Gabriel High School Coach Cano thanked Mr. Nunez for supporting the volleyball team, and thanked him for recognizing his twenty seven year winning streak. Councilmember Nunez thanked the athletes for making Rosemead proud and Thanked Cano for the time and effort he spends with the volleyball team and strengthening their academics as well. The San Gabriel Matadors Girl's Volleyball Team was presented a recognition certificate from Council and their picture was taken. Councilmember Clark, Low, and Taylor congratulated the team; Ms. Low commented on their leadership; Mr. Taylor was impressed by Coach Cano's 27 year winning streak and congratulated him for his sportsmanship and dedication to the school. Mayor Tran also wished them future success. 2. PUBLIC HEARING A. Public Hearing on the Fiscal Year 2008.09 Annual Action Plan The City of Rosemead is a federal entitlement grant recipient of Community Development Block Grant and HOME Investment Partnership funds from the U.S. Department of Rosemead City Council Meeting Minutes of February 12, 2008 Page 1 of 21 0 • Housing and Urban Development (HUD). As part of the process to receive funding, the City must undertake development of a Consolidated Plan and Annual Action Plan. It is called a Consolidated Plan because it consolidates the application process for HUD's four (4) entitlement grants into one consolidated plan and application. The four grants are: Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), Housing Opportunities for Persons with AIDS (HOPWA), and Emergency Shelter Grant (ESG). All four grants are driven by an entitlement formula process set by the federal government. The City is eligible to participate in two (2) of these programs: CDBG and HOME. As part of the requirements of the federal Consolidated Plan process, the City is required to hold a public hearing regarding the projected use of funds prior to adoption of its Consolidated Plan and Annual Action Plan. In order to receive the FY 2008-09 allocations, the City must comply with the following requirements of the Consolidated Plan final rule regarding pre-submission requirements: Fulfill citizen participation requirements by conducting a public hearing to receive citizen input regarding annual funding needs; Publish a draft Plan and Annual Action Plan for a 30-day comment period in order to receive citizen input regarding the final document; and Conduct a public hearing adopting the final Plan and the Annual Action Plan. The Annual Action Plan is a part of the Consolidated Plan, which takes all HUD requirements regarding planning, needs analysis, reporting, budgeting, citizen participation and certifications and incorporates them into one process. The full Consolidated Plan must be completed once every five (5) years and the Annual Action Plan must be completed annually. Recommendation: That the City Council conduct a public hearing and take public testimony on the Annual Action Plan covering the period July 1, 2008 - June 30, 2009. No City Council action necessary. City Manager Chi reviewed staff report and introduced Economic Development Administrator Michelle Ramirez. Mr. Chi informed Council on the accomplishments the city has seen since Ms. Ramirez joined the city. Economic Development Administrator Ramirez, reviewed staff report on the Annual Action Plan. In past years the funds have been used to fund rehabilitation, commercial rehabilitation, housing rehabilitation, code enforcement, graffiti removal, and various capital improvement projects. Fiscal year 2008-2009 the City is expected to receive $1,138,481 for CDBG funding and $496,123 HOME funding. Under the CDBG program at least 70% of the grant must be spent on benefits for low/moderate income persons. From HOME funds 10% can be used for admin, 15% for non-profit housing development and the rest benefiting the low/moderate income persons. City of Rosemead welcomes any input to the Annual Action Plan; however, staff recommends City Council to defer any actions until all inputs are submitted to the city. Rosemead City Council Meeting Minutes of February 12, 2008 Page 2 of 21 0 • Mayor Pro Tern Nunez asked staff to contact the Alhambra Education Program to help fund the 8m graders that attend summer classes; this program prepares them for high school. Economic Development Administrator Ramirez stated staff would contact the program and ask what type of aid is needed. She explained this program would cut into the 15% of social services. Councilmember Clark indicated the federal government has decreased funds by 4.8% percent. Economic Development Administrator Ramirez clarified the decrease has been by 3.65% in CDBG funds and 4.8% in HOME funds. Councilmember Clark expressed concern regarding cuts in current funds to other programs. Ms. Clark was reluctant in contacting new organizations and cut someone else as a result. Economic Development Administrator Ramirez explained that any social service agency who contacted the City for funding would have to fill out an application; staff would then determine the amount that would be award and present it to Council for final approval. Councilme.mber Clark stated that any organization can apply and will be brought back to council Economic Development Administrator Ramirez indicated there was a public notice published letting everyone know they can apply for the funds. Councilmember Low asked if applications would be brought back to council. Economic Development Administrator Ramirez clarified staff will bring a summation of the applicants' request, what they do, past funding, and the amount of funding they are asking for. Mayor Tran opened the public hearing at 7:21 p.m. Frances Espinoza, Executive Director of the Housing Rights Center, passed out information and explained the services they offer to Rosemead residents. Since the City of Rosemead funds the program, residents are provided with free services. Larry Brakebush, representative of People for People, stated they have offered a food pantry program for residents for 24 years. Mr. Brakebush explained People for People are currently serving over 105 Rosemead families and homeless and they makeover 30 home deliveries to seniors. Thanked City for their support and looks forward to city usual yearly help. Councilmember Taylor asked Mr. Brakebush if the program serviced 5 cities (including Rosemead) why other cities did not fund the program. Mr. Brakebush stated no other city funds their program and People for People has applied for grants in other cites. Rosemead City Council Meeting Minutes of February 12, 2008 Page 3 of 21 Woman in audience indicated that the program services about 250-300 families outside the city. Councilmember Taylor was puzzled as to why the other cities do not contribute their fair share. Mayor Tran stated People for People were requesting $29,000 this year and asked if it was enough for the service they provided to the residents of Rosemead. Mr. Brakebush replied it helped; however, asked for the possibility of obtaining, in the future, a facility in Rosemead. Mayor Tran expressed interest in helping People for People by obtaining more funding by contacting the council of the other cities in which the program services as well. Councilmember Low asked where People for People are currently located. Mr. Brakebush responded that for the past 22 years they have rented a space at 860 Mission, east of San Gabriel Blvd. and Walnut Grove. For that reason, they would like a.set location in the City of Rosemead. Councilmember Taylor felt the city should help fund the program but also look into the other four cities taking advantage of this program before funding more money to People for People. Mr. Taylor also stated staff should write a letter to the other cities and ask them for a copy of their grant proposals. Mayor Tran reiterated what Mr. Taylor stated and added that City Council will write a letter of support for the organization in seeking funds from other cities. Mr. Brakebush thanked the council one more time for their efforts and support. Dr. Jennifer Foot, representative of Family Council Services, stated that for many years the program has serviced the residents of Rosemead. The mission of the program is to create low cost services to the residents. Dr. Foot passed out some brochures and thanked council for their support for the past 9 years. Julie Hoffman, representative of Rosemead School District, thanked City Council for their past support for their programs. As a result, they have been able to develop ongoing programs on educating parents and students. Thanked the council for their support and hope they will continue to fund the school programs. There being no other speakers the public hearing for item 2A closed at 7:38 p.m. No action was taken by Council. Councilmember Clark stated she knew additional applications were going to be brought back to Council but asked if we knew how much we are being cut from the Federal Government currently funding. Economic Development Administrator Ramirez responded that roughly about $6,000 dollars; the Housing Right Center fell under the 20% planning admin, it did not fall into the 15% cap of the other social services. Rosemead City Council Meeting Minutes of February 12, 2008 Page 4 of 21 • 0 3. PUBLIC COMMENT FROM THE AUDIENCE Sharon Esquivel, residing at 8705 Loftus Drive, asked why Council did not attend the General Plan study session. City Manager Chi explained that the notice for the meeting was directed for the community; however, no more than two councilmembers are allowed in the audience in accordance with the Brown Act. All comments that have been received will be compiled into a report and given to Council. Juan Nunez, 2702 Del Mar, asked about the staff report in reference to a program that helps people with AIDS. Councilmember Taylor interrupted Mr. Nunez and clarified that the city only qualifies for two programs the HOME and CDBG program. City Manager Chi clarified that there are four programs the Federal Government offers, however, the HOME program and CDBG program are the only two community programs the city qualifies for. Gary Metz, 9357 Guess Street, property owner spoke in regards to the General Plan. Felt there was no advantage to plan as it stands at the moment. Mr. Metz gave examples of possible problems such as traffic, pollution, and over crowdedness. Also felt that the city should bring the existing infrastructure into the plan up to par. Suggested council should take the economic plan out of the General Plan and obtain more control. In general, asked council to not increase the density of the proposed General Plan and improve existing problems in Rosemead. Mayor Tran commented on the decreasing population in the L.A County and Garvey School Districts, they have had to close down schools and student attendance declined in the past decade. Mayor Tran asked Mr. Chi on updates regarding creating parks in the city. City Manager Chi indicated the City is at a stage two applicant at the moment which means there is a potential funding for planning and engineering cost that relates to the development of several new parks in the city. Councilmember Taylor gave the council copies of an article and proceeded on reading the headline, "Taller buildings, a tough sell, neighborly groups are seeding over L.A. plan to ease height limits that developers include low income units". Mr. Taylor asked Mr. Metz if he was referring to Senate Bill 1888 (1818) and asked Mr. Chi if Council may receive copies of that bill. He stated the bill would take the rights of the city as far as zoning and general plan amendments. Also, spoke about the four condo projects located on Garvey, Rosemead, Del Mar, and Mission Boulevard adding 1,000 cars to the city. Mayor Tran asked how many of those condos are replacing other buildings and the one on Mission was approved by Council vote 5/0. Mr. Tran asked staff to give copies of the minutes to Council regarding the property at 8930 Mission Drive, which reflected Council's approval. City Attorney Bonny Garcia interrupted the conversation between council because the item was not on the agenda. Rosemead City Council Meeting Minutes of February 12, 2008 Page 5 of 21 • Councilmember Taylor reiterated on his comments on the three story projects and felt that development is needed in the city but with moderation and not four to seven stories buildings. There is a tentative seven story proposal on the northwest corner of Garvey and San Gabriel. Mayor Tran asked if the project that Mr. Taylor was referring to, had been submitted to staff. Mr. Tran indicated prior to the three majorities being on the City Council, that project was proposed before the majority of the council was elected. City Attorney Garcia interjected between the councils conversation. Councilmember Taylor continued to comment on the article. Jim Flournoy, Rosemead resident, interrupted by yelling comments, as a result Mr. Flournoy was temporarily removed from the meeting. Mayor Tran ordered a 2 minute recess at 7:55 p.m. The Council reconvened back at 8:00 p.m. Councilmember Taylor indicated when Council or people are talking and we try and explain our points, it can be at heated discussions and is a give and take situation. Mr. Taylor stated Council is not going to tolerate any disrespect from anyone and pointed out on the minutes of the previous meeting how Jim Flournoy again spoke is disrespect to the council. Mayor Tran noted he had Mr. Flournoy removed and asked him not to speak out of line. The Mayor asked Mr. Taylor to continue with his comments. Councilmember Taylor continued with his comments on high density, the 1,000 new cars added and the parking required for the businesses. City Manager Chi noted staff had copies of Senate Bill 1818 available for Council Janice Dooley, 4647 N. Earle Avenue, expressed concern with the proposed changes to the General Plan Asked Council to delete the proposed change of the General Plan and leave it as is. Ms. Dooley indicated that the city had not addressed the potential issues of traffic congestion, parking, growing population, and water consumption. Anna Anton, 9243 Marshall Street, stated she bought her home in 1957 before the city incorporated. Ms. Anton is against the General plan because no one has taken any consideration on who will be living in each unit. Ms. Anton described how her neighbors have many cars and have to park on the street. Marlene Shinen, 8447 Drayer Lane South San Gabriel, spoke on a disturbance which happened on January 11, 2008. On that Friday night on Delta Avenue, residents living by Wal-Mart were disturbed by over weight trucks and loud generators which were at the Wal-Mart property. Asked how a large truck was permitted to go through Rosemead and violate the 3 ton weight limit. Ms. Shinen referred to a memo which was given to the council by the City Manager in 2006, concerning noise sensitive receptors. Residents at Delta Avenue said there were three loud generators in front of their homes producing disturbing noises for hours. She stated Wal-Mart's manager Jorge Lopez did not know anything about the generators when Rosemead City Council Meeting Minutes of February 12, 2008 Page 6 of 21 • 0 asked. The Sheriffs were called and residents were informed that there is an ordinance for noise control. Ms. Shinen was concerned there were various code violations such as the 3 ton weight limit, noise ordinance violation and maybe a fire code violation caused by the large truck parked on the driveway on Rush Street. Ms. Shinen spoke to Wal-Mart manager Jorge Lopez and he stated in conversations with City Manager Chi, Brian Saeki, and Mr. Nunez, they had not relayed to him any complaints from those residents. Mayor Pro Tern Nunez clarified he did not have a discussion with him about any complaints and the extent of his conversations with Mr. Lopez were "hi, how are you?" when they saw each other in the golf course and occasionally greeted him on some Chamber of Commerce functions. Ms. Shinen felt that the residents have been disrespected and complaints made have not been voiced in regards to Wal-Mart. Mayor Tran commented to Ms. Shinen he had previously spoken with the City Manager, who then spoke to Mr. Lopez about the complaints. City Manager Chi asked Ms. Shinen if she had pictures available. Also, concerns with the barbeque in the back of the facility, staff addressed those problems with the Manager. Ms. Shinen asked if Wal-Mart was asked to not disturb the residents that night, Wal-Mart does as they please. They were told not to have barbeques, shopping cart problems are on going, trash on property and they need to get better security. Jim Flournoy, Rosemead resident, discussed the approved Mixed Use projects that are currently in the General Plan that was adopted in 1987. The engineer was to review the project on Mission drive and Bank of the West; he wanted to know if the reviews have gone through the developers. City Manager Chi stated staff is in the process of reviewing the results that are conducted by the consultant. Councilmember Clark asked staff if residents have problems with Wal-Mart and City Hall is closed, can they contact someone else to address the issues. Would the Sheriff's Department know about items such as a barbeque, not supposed to be in back of Wal-Mart? City Manager Chi responded that the Sheriff's Department is always on call. The Sheriff Temple Station has after hours. The issue with Wal-Mart employees is that they are using portable barbeques during their lunch breaks to make hamburgers and hotdogs. According to their permit condition of approval, there is nothing that prohibits that. However, staff had asked for the employees to be sensitive to the issues surrounding the residents and not use the barbeques. Mayor Tran asked if there was a possible fine. Assistant City Manager Saeki indicated that there may not be a violation, staff will report back to council on any findings on any violations found. Rosemead City Council Meeting Minutes of February 12, 2008 Page 7 of 21 • • 4. CONSENT CALENDAR A. Minutes November 20, 2007 - Special Meeting January 8, 2008 - Regular Meeting Councilmember Taylor asked for corrections made to the minutes of January 8, 2008 meeting. Mr. Taylor referred to page 4, added Mayor Tran also stated, at the end of his comment "the Grand Jury and the FPPC". On page 8, he noted that it should state, "The City Clerk still works and reports to the Council" and the issue was discussed that Council hires the City Attorney, City Manager and City Clerk. Furthermore, the City Clerk's position is unique because the clerk reports minutes and documents to the Council as a body and the public. Indicating Mr. Chi did not have total control of the Clerk. In addition, Mr. Taylor asked for page 10 to state, "Cal -Trans has a highway division that times the signals on all of Rosemead Blvd". On page 11, should state, "Who has a satellite control station in Colorado". On page 15, Councilmember Low's name was missing in the motion. Councilmember Clark asked for a correction on page 20 the word abiding; page 9 the correct word "outrageous". Councilmember Low had a correction on page 10. B. Resolution No. 2008-14 Claims and Demands Recommendation: Adopt Resolution No. 2008 -14, for payment of City expenditures in the amount of $2,051,909.43 numbered 59007 through 59062 and 61527 through 61725. D. Approval of Agreement with J.A. Blash Shows, Inc. for Amusement Rides and Game Booths for this 4th of July Celebration For several years the City has used J.A. Blash Shows to provide Amusement rides and game booths in conjunction with the City's 4th of July Celebration. Once again, Blash Shows has indicated that they would like to take part in this year's celebration, which will be held on Friday, July 4, 2008, at Rosemead Park from noon until 10:00 P.M. As in the past, the City will sell ride wristbands for one price, that will be good all day and can be used as often as the participant wishes. Recommendation: That the City Council authorize the Mayor to execute the Agreement with J.A. Blash Shows, Inc., to provide Amusement Rides and Game Booths on Friday, July 4, 2008. Rosemead City Council Meeting Minutes of February 12, 2008 Page 8 of 21 • • Approval of Tract Map 53660 and Undertaking Agreement 7621.7637 Garvalia Avenue Tract Map No. 53660 is being submitted for consideration and approval along with an Undertaking Agreement to guarantee construction of public improvements subsequent to the recordation of the tract map. Recommendation: That the City Council approve Tract Map No. 53660 and the Undertaking Agreement. G. Release of Cash Deposit - Tract Map 54046 5016 Earle Avenue A Faithful Performance Bond and a Labor and Material Bond were required to guarantee construction of curb and gutter, sidewalk, driveways, and survey monuments for Tract Map 54046. In lieu of bonds, a cash deposit was provided to the City in the amount of $49,350.00. Recommendation: That the City Council accept the public improvements and release the cash deposit. H. Release of Bonds - Tract Map 53650 4619 Muscatel Avenue A Faithful Performance Bond of $200,000.00 and a Labor and Material Bond of $100,000.00 were required to guarantee construction of new curb and gutter, sidewalk, roadway, driveways, mainline sewer and laterals, water main and services, street lights and centerline monuments for Tract Map 53650. Recommendation: That the City Council accept the public improvements and release the bonds. Mayor Pro Tern Nunez made a motion, second by Councilmember Low to approve the consent calendar items A, B, D, F, G & H along with corrections to the minutes. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None C. Authorization to Attend League of California Cities 2008 Planners Institute and Mini Expo - March 26-28, 2008 The League of California Cities 2008 Planners Institute and Mini Expo, set to take place March 26-28, 2008. Rosemead City Council Meeting Minutes of February 12, 2008 Page 9 of 21 Recommendation: That the City Council authorize the attendance of any Planning Commission, City Planner, and staff designee. Mayor Pro Tern Nunez made a motion, second by Councilmember Low to approve the consent calendar item C: Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None E. . Bus Stop 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 adopt accept the above referenced 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. Juan Nunez asked if staff had contact MTA regarding the relocation of bus stops. City Manager Chi responded that staff had contacted Metro, who is responsible for paying for the removal and relocation of bus stops. Staff is in contact with Metro to get any issues resolved. Mayor Pro Tern Nunez made a motion, second by Councilmember Low to approve consent calendar item E. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None 5. MATTERS FROM CITY MANAGER & STAFF A. . Purchasing Ordinance and Policy The Purchasing Policy is defined in the Municipal Code under Section 3.24. This section of the code has not been updated in years and does not currently reflect many purchasing practices and procedures that would enable staff to more efficiently and effectively perform their duties. Recommendation: That the City Council adopt Ordinance No. 864, Resolution No. 2008- 08, and the Purchasing Policy amending the current Purchasing System. Rosemead City Council Meeting Minutes of February 12, 2008 Page 10 of 21 Councilmember Taylor previously asked for some wording to be changed in the ordinance and indicated he only saw one change, the $50 thousand dollars award has been dropped back to $25 thousand as the ordinance states. Mr. Taylor questioned the wording of the resolution, "whereas the alternative bidding procedures provided for under the act allow local public agencies to perform work by force account costing up to $15,000" is that what the act allows? Assistant City Manager Hawkesworth replied yes, under state government code the Act allows agencies to perform work by force account costing up to $15,000. Councilmember Taylor continued to read the resolution "and to let the contract by informal procedures public projects of $50,000 or less" our informal procedure states there is a 25,000 maximum. Assistant City Manager Hawkesworth indicated staff stated what the state government code allows, adding the fourth "whereas" as directed by council on last meeting. The City of Rosemead has elected to set lower thresholds than those allowed by the state. Councilmember Taylor asked how $50,000 can be lower than the Act and lower than what the state allows. Assistant City Manager Hawkesworth replied the city is setting a limit that is lower than the Act. Mr. Hawkesworth stated that the force account time is simply city staff time. Force account time is city labor and it is not contracting with a firm or paying someone out of the force account. Councilmember Taylor asked if the cost is up to $15,000 can the City do that in house. Assistant City Manager Hawkesworth replied yes under State Act we could. Councilmember Taylor continued reading, asking if the Act stated the informal procedures public projects of $50,000 states the same. Mayor Tran read the following paragraph where it stated, "Whereas, the City of Rosemead has elected to set thresholds lower than those allowed under Act" which is the $25,000. Councilmember Taylor reiterated why the wording just can't be changed from $50,000 to $25,000. Assistant City Manager Hawkesworth replied that staff has to follow the State Act and that is how the State Act is written. Councilmember Taylor asked to add an additional "Whereas" in the amount of $25,000. Assistant City Manager Hawkesworth indicated that the city must follow the State of California's guide lines and if the City Council approved the resolution then a threshold can be set at $25,000. Mayor Tran referred to page 42 of the resolution were the Act Assembly Bill 1666 states "however, the council can choose to set a lower threshold". Rosemead City Council Meeting Minutes of February 12, 2008 Page 11 of 21 • • Mayor Pro Tern Nunez made a motion, second by Councilmember Low to approve the Purchasing Ordinance, Resolution and Policy. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None B. Approval of Specifications and Authorization to Solicit Proposals for Engineering Services On December 11, 2007, the City Council discussed the possibility of bidding the City's existing contract for engineering services. The City's current contract for engineering services was approved on July 14, 1981, and has not been updated since that time. Although the current engineering firm, Willdan, has provided responsive services through the years, it is prudent practice to solicit bids from other qualified engineering firms to encourage competition and ensure that the City is paying the lowest possible prices for these services. After reviewing this item on December 11th the Council asked staff to develop a request for proposal (RFP) for engineering services. A RFP has been prepared and is summarized below for the City Council's review. Recommendation: That the City Council: 1. Approve the specifications for engineering services; 2. Authorize staff to solicit bids from the attached list of qualified engineering services providers; and 3. Authorize staff to submit a bid to perform engineering services. Juan Nunez, 2702 Del Mar, asked if there was a change of contract cost for the Rio Hondo bridge contract. City Manager Chi replied the same contractor is working on the bridge. However, the engineering management is what was changed. The change was made for the last portion of the contractual obligation. Councilmember Clark indicated that with Del Terra there was a cost overrun of $150,000. Councilmember Taylor clarified to Mr. Juan Nunez, that the original contract had $300 thousand dollars remaining. The $300 thousand that was left on the contract, was then given to Del Terra, they added another $150,000. Mayor Tran indicated that the only reason why the contract changed was because of possible conflict of interest; directed staff to obtain Willdan's billing rates. Councilmember Taylor asked when Del Terra took over and questioned the warrant paid to Willdan of $35,000 dollars for November. City Manager Chi responded Del Terra took over on December 18. Rosemead City Council Meeting Minutes of February 12, 2008 Page 12 of 21 • • Assistant City Manager Saeki replied that Willdan was still acting as the construction management company during November. Councilmember Taylor stated Del Terra was getting paid since October 1It through November 15t. City Manager Chi replied Del Terra officially took over on December 18. Mayor Pro Tem Nunez asked if any of this had anything to do with the bridge. The City is trying to see different ways of providing engineering services. Mr. Juan Nunez and Mayor Pro Tern Nunez exchange words. City Manager Chi explained that in reviewing the project cost for the bridge, Del Terra made a determination of labor that would take to finish the bridge; in the process there is potential that it could cost up to $150,000 more than the $300,000 that remained of the original contract with Willdan. Mayor Pro Tern Nunez reiterated on Mayor Trans request in looking at Willdan's billings for work they did. Councilmember Taylor asked staff how they plan to solicit the proposal. Administrative Service Officer Marcarello explained an RFP was prepared in response to the Council's request on December 11, 2007, staff research through California Cities on different proposals. Staff is asking for council to approve the specifications and staff report. Council may add comments or suggestions to be included, in the RFP. Councilmember Taylor asked how staff was going to advertise to get potential firms to know of the bid. Assistant City Manager Saeki explained staff plans to advertise on the city's website and e-mailing the proposal. Also, added that there is no legal requirement to put an RFP for this type of service in the public notice section, however if council would like to advertise, staff can do that. Councilmember Taylor requested to have the soliciting proposal advertised. City Attorney Garcia clarified there is no legal requirement on advertising in the newspaper. City Manager Chi stated that there are only a handful of municipal engineering firms in California Councilmember Taylor indicated that the list of firms was not on the RFP and would like the proposal advertised in the newspaper. Mayor Pro Tern Nunez made a motion, second by Councilmember Low to accept staff recommendation. Vote resulted in: Yes: Low, Nunez, Taylor, Tran No: Clark Rosemead City Council Meeting Minutes of February 12, 2008 Page 13 of 21 0 0 Abstain: None Absent: None C. Request for Traffic Signal at the Intersection of Rush Street and Angelus Avenue On January 3, 2008, the Traffic Commission reviewed a request to install flashing yellow beacons or a traffic signal at the intersection of Rush Street and Angelus Avenue. This item was reviewed in response to a petition from local residents and parents of students attending Rice Elementary School. After visiting the site and conducting a traffic study, staff found that the traffic conditions did not warrant additional traffic calming measures. The Traffic Commission opposed staff's recommendation and is requesting that the City Council consider additional traffic calming measures for the intersection. Recommendation: That the City Council direct staff to continue monitoring traffic issues at Rush Street and Angelus Avenue and increase law enforcement efforts during school start and release times. Traffic Commissioner Brian Lewin, 9501 Ralph Street, spoke to Council on various items. Mr. Lewin clarified the commission had recommended the two signals on Rush/Angelus and Rush/Delta and synchronize a set of signals including the Wal-Mart signal to allow smooth traffic flow. Also, the Commission recommends City Council to direct staff to look into using engineering condition of approval no. 41 to pay for this project. The street is very busy during non school hours and hopes that the Council will support the traffic signal installation. Ms. Velia Navarro, Rosemead resident, expressed concern with the signal for Rice Elementary School and the safety of the children crossing. Ms. Navarro also asked Councilmember Low about cleaning up Rosemead, she mentioned how there are many day laborers drinking on premises, gambling and urinating on the street, asked if there is an ordinance for that. Councilmember Low replied she had spoken to City Manager about that issue. City Manager Chi explained the concerns residents have are the same all Councilmembers have as well; city has officers monitoring the areas everyday. Ms. Navarro continued that by the Burger King they leave their trash there. In an article on January 25th, 2006 where it described day labors yelling comments to young women passing by on the street. Ms. Navarro asked if a 24 hour phone number is available to residents. Sheriff Michael Oshea from Temple Station stated they are aware of the day laborers and homeless. The Sheriffs Department is trying to make significant changes, however it will take time. They have limited space and the level in misdemeanor is not great to keep them for too long. Encourages residents to report any crime they witness. Also, added that the sheriffs are in contact with ICE to improve the immigration issues and residents can also contact Home Land Security if they wish. City Manager Chi explained to residents to please know that the code enforcement team and deputies are out there trying to prevent these types of activities. Rosemead City Council Meeting Minutes of February 12, 2008 Page 14 of 21 Ms. Navarro also addressed two other issues; one regarding an abandoned house between Hart and Rio Hondo on Guess Street; second, the issue with Wal-Mart. She felt the Wal-Mart property could have had better use and other businesses should not be built there. Marlene Shinen spoke on the importance of the traffic signals by Wal-Mart. Reading sections of the mitigation measures condition of approval, she stated they were mandated to assure the safety of the school children and the residents. Ms. Shinen asked Council to install the signals and fund enough money to provide crossing guard services at the crossing locations. Also, the final EIR for the Commercial condition of approval no. 41, the measure that was agreed upon by the City and Wal-Mart are not mandated. She acknowledged the recommendation made by Councilmember Gary Taylor, to install a signal on Rush and Delta Avenue a year ago. On the Traffic meeting of January 3rd, 2008, Ms. Shinen had a petition that was signed for the traffic signal at Rush and Angelus Ave. petition that included 131 signatures in support of the signal. Asked, for the existing signal on the north driveway of Wal-Mart to be relocated to Rush and Delta. Ms. Shinen disagreed with the wording on the agenda stating, "That the City Council direct staff to continue monitoring traffic issues..." she indicated the Commission recommended to the City to install a signal, not monitor traffic issues. In conclusion, thanked council for graffiti removal and initiating action of the day laborers issue in the city. Traffic Commissioner Ron Gay, 4106 Encinita Avenue, stated when the engineering traffic study came out and the Traffic Engineer concluded that nothing needed to be done on Angelus and Rush Street, He was disturbed. As a result, the Traffic commission acted aggressively to recommend installing a signal. The key issue is the safety of the children and families to utilize condition 41. Todd Kunioka, 8400 Wells Street, recommended that at least red curbing be considered on the corners for better visibility. Mr. Kunioka felt that if the funding from condition 41 is there, it could be used for the traffic light or asked Wal-Mart to add a signal light. On other related issues, Mr. Kunioka recalled the approval of the project also included a noise ordinance, said sound studies were not done properly at the second floor window height. Jim Flournoy stated that Councilmember Taylor asked the council in the past to monitor the site and see if that intersection in question did need a traffic signal. The Traffic commission sent out a notice and residents circulated a petition to have the traffic signal installed. Mr. Flournoy and Mr. Taylor exchanged comments. Mr. Taylor clarified that staff was working on it. Mr. Taylor also stated that Council had not seen the minutes of the Traffic Commission meeting yet. Mr. Flournoy also commented on the city engineer study made. He felt it was a theoretical study and meaningless. For example, a motorcycle stopped traffic to let kids cross and got rear ended by another vehicle, in which Marlene Shinen took a picture of, and asked for a new traffic study to be done. Councilmember Taylor asked if the motorcycle incident was reported to the Sheriff's Department. Council received three accidents reports from Januryl, 2005 to October 2007. However, there may be more accidents not being reported to the Sheriff's Department; asked staff to get another report. Rosemead City Council Meeting Minutes of February 12, 2008 Page 15 of 21 • Traffic Commissioner Ron Gay added to what Mr. Taylor said about the minutes and reports. The Traffic Commission has not received any minutes of the meeting and that the Commission would like to get notified of future traffic studies. Councilmember Clark recommended that it was a good idea that commissioners be notified. Mayor Tran spoke to Ron about red curbing on Encinita and asked if the curb had not been marked. Traffic Commissioner Ron Gay responded it was correct and that the issue went back to July. Mayor Tran directed staff to look into that issue and also Mr. Kunioka's comment on Rush Street. City Manager Chi clarified that staff has relayed those concerns to Willdan. Staff didn't realize minutes had not been approved by Traffic commission. Mayor Pro Tern Nunez asked staff to see what the cost of the signal would be for Delta. Councilmember Taylor asked staff to go ahead and get the cost of signal and bring it back to council. Clarified, Wal-Mart had given money for the signal and for the crossing guards. Mr. Taylor in the past made a traffic observation on Rush Street and took pictures of 10 students in the morning and 9 students in the afternoon crossing that intersection and it is a problem because it is a four lane street. Also, mentioned nobody questioned the permit given to Wal-Mart for their commercial. Sheriffs were provided, parking enforcements were provided, and went through the process. City Manager Chi commented there was only one complaint made that evening and staff responded immediately. Councilmember Taylor stated Wal-Mart came through and followed procedure; the shopping carts have a locking system; they are doing what they agreed to do. City Manager Chi stated timing was an issue. Councilmember Clark asked why the residents were not notified of Wal-Mart shooting a commercial that weekend; it would have taken one phone call. Mayor Pro Tem Nunez stated the flashing lights are needed not only for the kids but also for the residents. Councilmember Clark stated she had spent over an hour that morning counting the cars and eight parents with their children crossing. She indicated the light on Angelus needed to be installed rather than at Delta. Ms. Clark was concerned with the unnecessary stops, one would do. Asked staff to check for lights to be installed on Angelus and make better visible markings for school crossing. Mayor Pro Tern Nunez suggested having lights installed on Delta because people are crossing from Don Bosco High School and install beacons at Angelus. Rosemead City Council Meeting Minutes of February 12, 2008 Page 16 of 21 • • Councilmember Clark expressed concern by putting a signal on Delta you would have to coordinate with the other lights. For the children's safety, there needs to be a signal at Angelus closer to the crossing of the school. Mr. Larry Bevington suggested there be more traffic studies brought back to Council. Mr. Bevington asked for a new traffic study to be made by a new engineering consultant. Mayor Tran suggested to install red curbs at the south side of Rush and Delta and recommended an independent traffic study be conducted. Councilmember Taylor asked Mr. Bevington why he opposed the traffic signal in November of 2006 (should be 2005). Mr. Bevington could not recall. Councilmember Low added to the motion to have an independent engineering company conduct a new traffic study. Ms. Low recommended having a crosswalk light on Angelus by the school. Mayor Tran made a motion to first install the crosswalk lines, second to immediately install red curbs on the Southside of Rush street, and third to request city to solicit an independent firm to conduct a traffic study. Mayor Tran made a motion, second by Councilmember Low to approve the installation of crosswalk lines, red curb on Rush Street, and to solicit independent firms to conduct a traffic study. Vote resulted in: Yes, Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None Councilmember Taylor stated he was sitting on the north side of Rush and the landscaping out in the middle is a problem. He described that if the crossing guard is sitting on the north half, behind the trees they cannot be seen across the shrubs; some of that shrub may have to be cut back. Councilmember Clark asked for the second fire hydrant right on Rush be added as part of the red curbing into the motion. City Manager Chi asked if the Council would like staff to bring back the proposed traffic engineer that will be used for study back to Council for approval or is Council comfortable with staff making that decision. Councilmember Taylor asked if this would be a one time use then it would be okay. Mayor Tran clarified that because of the amount of time spent on this, staff should engage in the approval of the contract. Rosemead City Council Meeting Minutes of February 12, 2008 Page 17 of 21 Mayor Tran made a motion, second by Councilmember,Low to approve the installation of crosswalk lines, red curb on Rush Street and to solicit independent firms to conduct a traffic study. Vote resulted in: Yes, Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None 6. MATTERS FROM MAYOR & CITY COUNCIL A. Consolidated Disposal Contract Evergreen Clause On January 22, 2008, the City Council discussed the City's contract with Consolidated Disposal Services for trash and recycling collection services. While discussing this item, the Council reviewed several terms included in the contract, including service levels, the evergreen provision included in the agreement, collection rates, AB 939 indemnification, and the City's participation in the Los Angeles Regional Agency consortium. Staff has researched these items and this information is summarized for the City Council's review. Recommendation: That the City Council provide staff with further direction regarding the City's refuse collection contract and collection service levels. City Manager Chi reviewed staff report and based on council's direction staff prepared a detailed report regarding several issues. Staff asked City Council for further direction. Councilmember Low agreed with the concerns Council had in the previous meeting. Based on the staff report, felt that there was not any advantage to continue with the evergreen contract. Terminating evergreen contract would allow the city to look at other companies. Mayor Tran stated he found that 80% of other cities do not have an evergreen clause in the contract. By terminating the clause it gives staff the chance to go out and look at other companies and improve services for the residents and still work with Consolidated. Councilmember Low added that the rank rating for the city currently was 26th and now 291h billing in rates. Councilmember Taylor indicated at the last council meeting the information provided was obsolete material. There are 88 cities that are in L.A County and the information Council previously received had only 72 cities included in the study. Mr. Taylor asked what happened to the other 16 cities. Nonetheless, rates have gone up, ranking 26th and now 29th possibly. Also asked, if he could find out the rates of other cities. City Manager Chi replied those were the only cities that responded to the study and were included in the H & H report. Councilmember Taylor asked staff to review the survey, page 1 thru 11 and asked to read the categories. Rosemead City Council Meeting Minutes of February 12, 2008 Page 18 of 21 City Manager Chi read the categories. Councilmember Taylor asked if anyone could read it because it was printed on black and white, therefore, darkening the categories section and not allowing for feasible visibility. Asked staff to reprint that section and redistribute to council. Mayor Pro Tern Nunez made a motion, second by Councilmember Low to have the evergreen clause removed from the contract. Councilmember Clark indicated that she intended to vote no on this item. Ms. Clark expressed concern that the city is only paying 30% for the landfill tipping fees, and Consolidated is paying for 70 If the City terminates this part of the contract, after the five year term, the possibility of rates may sky rocket. Mayor Pro Tern Nunez stated the city may look at other companies that have their own landfills. Councilmember Clark is concerned we are giving away our guarantee those rates will not increase. City Manager Chi explained staff has been working on that very issue with Consolidated. There are many recycling programs that will increase our diversion rates that are mandated by the state. The current rate of recycling is at 26%; AB 939 mandates that we have 50%. Councilmember Taylor asked how the City is going to improve our recycling rates; residents already have recycling bins. The City was told that we have to go back with our consultant and that we were quoted an excellent figure. At that time we were at 37% or 39% and we've dropped down roughly 12%. Mr. Taylor asked what more can the City do to improve the recycling issue. Administrative Services Office Marcarello explained several cities use different approaches. There is a material recovering facility where cities will require that the people at the conveyer belt take out recyclable material and the city will include that in the contract in which will say, "we want to achieve a set diversion rate". The city has a policy that says the contractors are supposed to comply with certain diversion laws. Councilmember Taylor stated usually the company will roll off bins filled with trash into it. Administrative Services Office Marcarello explained some materials cannot be diverted to landfills. Councilmember Taylor questioned their recycling rates going from 39% to 26%; that is one third lost in the past years. The scavengers issue has been a problem because they pick up scrap metal and appliances that are weight (tonnage) the city would get credit for (recycling). City Manager Chi explained many communities deal with that. Councilmember Low asked staff to work on the scavenger issue and bring back to Council. Traffic Commissioner Brian Lewin suggested the same idea the city of Burbank has. They have their own trash people and trash program. They have black, green, and blue trash cans. If residents put the wrong Rosemead City Council Meeting Minutes of February 12, 2008 Page 19 of 21 • • type of trash in the wrong trash can the City will take action towards that resident. Also, suggested that the City initiate a more outreach multilingual program for recycling. Mayor Pro Tern Nunez made a motion, second by Councilmember Low to remove that evergreen clause from Consolidated contract. Vote resulted in: Yes: Low, Nunez, Tran No: Clark Abstain: Taylor Absent: None Councilmember Taylor stated he abstained because he wants to review the information due to a potential $10,000 dollar a day fine. City Manager Chi explained the liability that Consolidated offers in protecting us from that fine is only applicable if the City has (not) engaged in all available options to increase our diversion rate. Even if that portion of that contract was to be lifted and Los Angeles Regional Agency (LARA) the city would still be liable. Councilmember Taylor asked if according to the contract the City has some protection. His abstention stands until staff brings back the current rates for the 88 cities (in LA County). City Manager Chi replied the city has some protection because we're part of LARA and will continue to regardless of who the trash contractor is. Councilmember Taylor asked Mr. Chi for the reports on the gas station on the southwest corner that he had requested; wants to know who the owner is. City Manager Chi replied the City had contacted the caretaker, who stated he could authorize the improvements the city had requested. The owner recently returned and we got a chance to.... Councilmember Taylor asked staff to get reports on the issue and stated this was the third time that he tried getting the report. Councilmember Clark commented about the fire hydrants on Rush Street and mention she would like to have that part of the curb painted red since no parking is allowed anyway. Another issue the northwest corner on San Gabriel and Garvey Boulevard, there was trash everywhere. Asked, if the owner does not pick up the trash can the City fine him. City Manager Chi stated there is a Property Maintenance Ordinance that is being prepared Assistant City Manager Saeki explained the owner obtained a demolition permit but had the wrong contractor come in. Staff had a conversation with the property owner and said he was held up with the county on asbestos testing. City has been tracking this issue with Code Enforcement and in a month they expect to have all permits in line. Rosemead City Council Meeting Minutes of February 12, 2008 Page 20 of 21 • • Councilmember Clark expressed concerns regardless of permits and stated the property owner should clean his property. City Manager Chi commented staff will continue to monitor the property. Mayor Tran directed staff to look into jogging trails for parks. Also, residents have requested a skate park for kids, rather than having them mistreating school properties. Mayor Pro Tern Nunez commented that in a conference he attended he observed that other cities use fiber glass for skate parks. Councilmember Taylor expressed concern with the liability a skate park would bring. The city has to have extra insurance in case kids get hurt on the property. Other cities in the San Gabriel Valley have opened them and closed them. Mayor Tran replied the kids will use school facilities and rails to skate. Mr. Tran asked staff to look into this and see what the liability is. 7. ADJOURNMENT The meeting adjourned at 10:22 p.m. The next regular City Council meeting is scheduled to take place on February 26, 2008 at 7:00 pm. Respectfully submitted: Approved: Gloria Molleda CITY CLERK John Tran MAYOR Rosemead City Council Meeting Minutes of February 12, 2008 Page 21 of 21