CC - Item 3A - Minutes 04-22-08•
MINUTES 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:
1. Conduct a public hearing and take public testimony on the Annual Action Plan
covering the period July 1, 2008 - June 30, 2009;
2. 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;
3. Authorize the City Manager to execute all appropriate and necessary documents to
receive funding and implement approved use; and
4. 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
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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. Rosalyn, 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 Tern Nunez asked Ms. Rosalyn were she had heard such a statement.
Ms. Rosalyn 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. Rosalyn 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. Rosalyn 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. Rosalyn asked if staff would mail letters to residents to let them know about the new dial-a-ride
contractor.
Councilmember 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.
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Minutes of April 22, 2008
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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.
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Minutes q/April22, 2008
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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.
H. 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.
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Minutes ofApril22, 2008
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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 Tem Nufiez 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.
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Minutes of April 22, 2008
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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
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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 Wez 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.
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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. Nuhez'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 Tern 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.
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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.
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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 Tem 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.
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.
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Minutes of April 22, 2008
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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 22, 2008
Page 11 of 22
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.
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Minutes ofApril22, 2008
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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 Tem 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 on reserve because of additional
staffing? Ms. Clark seconds the substitute motion.
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Minutes of April 22, 2008
Page 13 of 22
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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 o/April 22, 2008
Page 14 of 22
• •
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
Bid the deck project and make repairs as soon as possible.
Permanently close Garvey Pool and consolidate all aquatics activities to
Rosemead Pool.
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
• •
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 of April 22, 2008
Page 16 of 22
• •
Park and Recreation Director Montgomery-Scoff indicated anyone that will take the shuffle 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 find a solution. Vote resulted in:
Yes: Clark, Low, Nufiez, 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)
City Council Meeting
Minutes of April 22, 2008
Page 17 of 22
• •
4. Enhancements of normal city activities such as Fireworks shows
5. 4m 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 Tern 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 Tem 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 ofApril22, 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 ofApril22, 2008
Page 20 of 22
•
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 8th 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 gf'April 22, 2008
Page 21 of 22
• •
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 John Tran
City Clerk Mayor
City Council Meeting
Minutes of April 22, 2008
Page 22 of 22