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CC - Item 4A - REVISED Minutes 03-10-09Minutes of the REGULAR CITY COUNCIL MEETING March 10, 2009 The regular meeting of the Rosemead City Council was called to order by Mayor Tran at 7:03 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California, FLAG SALUTE: Mayor Pro Tem Nunez INVOCATION: Mayor Tran PRESENT: Mayor Tran, Mayor Pro Tem Nunez, Council Member Clark, Council Member Low, and Council Member Taylor. OFFICIALS PRESENT: City Manager Chi, City Attorney Garcia, Assistant City Manager Saeki, Assistant City Manager Hawkesworth, Director of Finance Brisco, Director of Parks and Recreation Montgomery-Scott, Economic Development Administrator Ramirez, Deputy Public Works Officer Marcarello, and City Clerk Molleda. 1. PRESENTATION * Safe Communities Month Proclamation `Jorge Lopez, Wal-Mart, Recognition * Deputy Jason Van Genderen * PSA Graduates Director of Public Safety Services Don Anderson -Accepted the Safe Community Proclamation recognizing the month of March as safety community month. Mr. Anderson informed council the month was to unite the community to create a safe, healthy, and crime free environment through the various community based programs and activities. To make a positive difference in the community by educating the youth and adults, providing alternate positive role models, and by underlining the support of our local community. Mr. Anderson asked Jorge Lopez, manager of Wal-Mart store to approach the podium and have the city council present a plaque to him for his continuous support to law enforcement and his assistance during a recent police incident by providing food and drinks. Sheriff Lee Baca and Rosemead City Council presented plaques to Mr. Lopez. Jorge Lopez -stated that on behalf of himself and associates he was very proud to receive said recognition and expressed his support to the City of Rosemead. Rosemcacl City Council Meeting Minutes o/'March 10, 2009 Page 1 oJ' 11 Director of Public Safety Services Anderson - presented a certificate of recognition to Deputy Jason Van Genderen, who takes initiative and brings a great attitude to his profession and has served as a role model to his colleagues. Mr. Anderson shared with council a few of Deputy's Van Genderen's most recent actions, which have led to arrests in the community of Rosemead. The City Council presented a certificate of recognition fo Deputy Jason Van Genderen. Deputy Jason Van Genderen -expressed gratitude towards the council, Rosemead residents, and the Public Safety Department, Director of Public Safety Services Anderson -presented certificates to the first twenty-four graduating members of the Public Safety Academy. Graduating members were Alan Krug, Becky Kuwashima, Claire Ngo, Dawn Rock, Edward Carreon, Elissa Douglass, Fred Mascorro, Irene Flores, Janet Chin, Joe Basile, Josie Zamorano, Art Angel, Loretta Gonzalez, Lou Reade, Mike Douglass, Patricia Slocum, Ralph Silva, Randy Palacios, Ronald Esquivel, Rosemary Earl, Ruth Bourne, Ruth Padilla-King, Sharon Esquivel, and Veronica Pena. Mayor Tran -congratulated the graduates in their involvement with Public safety and their community. Council Member Clark -thanked the and ears of the community. Council Member Taylor -congratulated the community. Council Member Low - and the city to bring do Mayor Pro Tem Nunes residents will get more The Council recessed Director of Public Safe the Public Safety and i Academy graduating class for being the eyes being involved with the for their time and commitment in helping neighbors their participation, involvement and hopes in for a short break at 7:40 p.m. and reconvened of 7:46 p.m. Anderson -thanked the Council for supporting the programs at Los Angeles Sheriff Lee Baca. Los Angeles County Sheriff Lee Baca -Thanked the City Council and residents for their involvement in Public Safety and thanked the public for their support and trust. Mr. Baca shared a few stories during his time stationed at the Temple Sheriff Station in 1969. Mr. Baca also congratulated the Public Safety Academy class, staff, and Rosemead residents. Rosemead City Council Meeting Minutes nJ~Marc~h 10, 2009 Page 2 g f I 1 2. PUBLIC COMMENT FROM THE AUDIENCE Marlene Shinen -commended Mayor Tran for always conducting meetings with order and respect. She stated to Mr. Tran to be careful not to give place to the deceit and viciousness allowed to be spit out by a very few of his supporters; without it you might have won this election. Ms. Shinen concluded by reading a story about the lives of two men, Jesus and Alexander. Ladon Lewin -stated she had never spoken in a council meeting until tonight; added she was proud of the accomplishments Mr. Tran and Mr. Nunez had done in the City for the past 4 years and wished them well. John Truonp -stated he was part of the Janet Chin Youth Foundation and thanked Mayor Tran and Mayor Pro Tem Nunez for the opportunity given to him to participate in their campaign during the election. Thanked Mr. Tran and Mr. Nunez for their service and welcomed Mrs. Clark, Steven Ly, and Sandra Armenta to council. David Chen -stated he was part of the Janet Chin Youth Foundation and thanked Mayor Tran and Mayor Pro Tem Nunez for the opportunity given to him to participate in their campaign during the election. Jarrett Lewin -thanked Mayor Tran and Ma} Mr. Lewin asked Council Member Taylor abo~ he asked for clarification on the mention that lesbian organization. Mr. Lewin stated he had information. Tem Nunez for their contributions to the city. ;r mailed out by him to Rosemead residents; ite Henry Lo was a member of a gay and the website and had not found that Council Member Taylor- stated he obtained that removed by now and that he would provide Mr. L in from a blog and it was probably a copy of the information. Steven Lv -stated it was hard to believe the March 3 election was over and that it had been a tough election for both sides. However, he thought most people were ready to bring the city back together. Mr. Ly stated he was proud to be a product of Rosemead and proud that the citizens of Rosemead had elected him to serve. He also congratulated Mayor Tran and Mayor Pro Tem Nunez on their service to the City and hopes that he will help craft legislation and ordinances to help the residents of Rosemead. Barbara Murphy -thanked Mayor Tran, Mayor Pro Tem Nunez, Council Member Low, and staff for the services provided the past four years and thanked them for making her retirement very happy. Ted Saulino -thanked the Mayor and Mayor Pro Tem for the great job they did for the past four years in the city. Welcomed newly appointed council-elect Sandra Armenta, Steven Ly and Margaret Clark. Mr. Saulino asked council to take an interest on various items; the Garvey Park project and renovating the pool and suggested that a water park be implemented. Also, wanted to see the Garvey School District and the city council work together on the ongoing synergy project. He added that the Safety Center has been such a positive thing in the City of Rosemead and that Rosemead City Counci! Meeting Minutes of March 10, 2009 Page 3 of 11 increasing the days for graffiti removal had made a big difference in the city. He concluded by asking that the tennis shoes hanging off the electrical wires close to his and Ms. Clark's properties be removed. Council Member Clark -stated she wanted to address the tennis shoes issue because recently she had seen a cherry picker near that area and thought they would be removing the tennis shoes; however, that had not been the case. Ms. Clark asked if staff could please look into this issue. City Manager Chi -responded that staff would find a solution to eradicate the tennis shoes situation. Gilbert Ramirez -congratulated Council for a job well done and spoke in regards to the financial problems many of the mobile park residents are facing, such as rent. Francis Chavez -thanked Mayor Tran and Mayor Pro Tem Nunez for their service to the City. Ms. Chavez stated she did not want things to go back to the way they used to be when the city had a tight wallet because she felt Rosemead deserved a better quality of life. She concluded by asking that the new council continue with the city's festivities and activities, such as, Oktoberfest and 4~h of July Parade. Jim Flournoy -thanked Mayor Pro tem Nunez for taking the time to look through documents relating to Mr. Flournoy's lawsuit against the city's building official. Mr. Flournoy felt that any further reports relating to projects mentioned in the lawsuit will show there can be cost savings on future projects. Tracy Loa -thanked Mayor Tran and Mayor Pro Tem for their work in the city. Hope that residents will move forward. geared about ailed, "Crystal C. Chavez Foundation" which is provides scholarships, workshops and Marissa Castro Salvatti - of Southern California Edison -stated she would work with her staff to finding a solution regarding the tennis shoes hanging on electrical wires. Also, informed Council on the draft EIR of the Tehachapi renewal transition project that has been released. Public comments are welcome until April 6, 2009 and documents are available with the city's Planning Department and Library. Bob Bruesch -congratulated the council-elect winners and thanked the Mayor and Mayor Pro Tem for the services provided to the City. He added he enjoyed working with staff and hoped that the Savanna Cemetery became a state historical monument, as well as, having a skate park built in the City of Rosemead. Peggy Baumann -thanked Mayor Tran and Mayor Pro Tem Nunez for their service to the City of Rosemead and wish them well in their future endeavors. Stated the streets in Rosemead are cleaner and the graffiti abatement has improved. Rosenteurl Crty Council Meeting Minutes o/'March 10. 2(109 Pad=e 4 vJ~ll Brian Lewin -Congratulated Council Member-elect Margaret Clark, Sandra Armenta and Steven Ly. Also thanked Mayor Tran and Mayor Pro Tem Nunez for the positive tone they brought to the city and bringing in new staff that has done a lot more outreach to the residents. Velia Navarro -stated Mayor Tran was a charismatic and straight forward person when she first met him; she liked the city the way it was and added she did not agree with the towering buildings that were wished to be built in the city, She stated there has to be changes but not to the extreme. Ms. Navarro stated she had been disappointed during the previous council meeting, when an audience member badgered Council Member Clark and Mayor Tran did not intervene; she felt no council member deserved to be badgered the way Mrs. Clark had been. Ms. Navarro also spoke on the minutes not being produced in verbatim format and stated she did not understand why someone would say it was too difficult to produce them that way. Ms. Navarro concluded by stating she was glad the people had spoken during the election and had been approached by many stating they were glad the current council had been voted out; also wished everyone well. Todd Kunioka -thanked Mayor Tran and Mayor Pro Tem NurSez for the progress they'd made in the city in the past few years. Mr. Kunioka reiterated the success of many events in the city, such as the, 4~h of July parade, Oktoberfest and the concerts in the park. He concluded by stating he was in support of the new general plan, which he believes is a positive improvement to the city. 3. CONSENT CALENDAR B. Resolution No. 2009-12 Claims and That the City Council adopt Resolution No, 2009-12, for payment of City amount of $1,073,156.69 numbered 100069 through 100107 and 65202 through 65322. C. Resolution No. 2009-14 Claims and Demands ation: That the City Council adopt Resolution No. 2009-14, for payment of City in the amount of $10,990.00 numbered 65323 through 65398. E. Approval of Agreement wit J.A. Blash Shows, Inc. for Amusement Rides and Game Booths for 4th of July Celebration 2009 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 years' celebration, which will be held on Saturday, July 4, 2009, at Rosemead Park from noon until 10:00 p.m. 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 Saturday, July 4, 2009. Ro.cemc~ad City Counrrl Meeting Minutes ofMarch 10, 2009 Puge S q/~ 11 F. Approval of License Agreement with the Rosemead Youth Association for the Use of the Rosemead Park Snack Bar For many years, the Rosemead Youth Association, a youth baseball organization, has utilized the Snack Bar at Rosemead Park during their baseball season as a type of a fundraiser and service to the Park patrons. They are requesting that they be allowed to operate it again from March 1, 2009 -July 1, 2009. Recommendation: That the City Council allow the Rosemead Youth Association to operate the Snack Bar at Rosemead Park and that the Mayor be authorized to execute the License agreement. G. Adoption of an Ordinance to Amend Contract with CaIPERS to Exclude Administrative Interns from CaIPERS Membership On February 10, 2009 the City Council approved the Resolution of Intention to amend the City's contract with CaIPERS. The next step in the process of amending the contract is the adoption of an ordinance requesting a contract amendment. Recommendation: That the City Council adopt Ordinance 872 authorize the amendment of the Contract with CaIPERS, H. Traffic Signal Synchronization Program -Cooperative Agreement with the County of Los Angeles Since 1988, the County of Los Angeles Department of Public Works has administered Traffic Signal Synchronization Program (TSSP) projects, which have provided a means to coordinate synchronization between arterial roadways of regional significance. TSSP projects improve traffic signal operation by upgrading each traffic signal to Federal and State standards. The intent of the cooperative agreement is to document the roles and responsibilities of the City and County DPW when entering into TSSP projects and to confirm the associated liabilities of each agency. Nothing in the agreement will alter the current roles and responsibilities of the City and the County in operating and maintaining traffic signals and signal systems within its own jurisdiction. Recommendation: That the City Council approve the cooperative agreement with the County of Los Angeles regarding the implementation of the County's Traffic Signal Synchronization Program and authorize the City Manager to execute the agreement on behalf of the City. Resolution No. 2009-11 -Conditional Use Permit 08-08 Appeal On December 15, 2008, the Planning Commission approved Conditional Use Permit 08-08, to allow the co-location of an unmanned wireless telecommunications facility on an existing T-Mobile monopine at 2244 Walnut Grove Avenue, in the C-3 (Medium Commercial) zone. On January 5, 2009, Verizon Wireless filed an appeal to the City Clerk's office, requesting to modify conditional of approval number five (5) of Conditional Use Permit 08-08.On Rosemead City Council Meeting Minutes of March 10, 2009 Page 6 qf'!t February 10, 2009, the City Council held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 08-08. At this meeting, the City Council upheld the language in condition of approval number five (5), as approved and adopted by the Planning Commission on December 15, 2008. Recommendation: That the City Council adopt Resolution No. 2009-11. K. Release of Cash Deposit -Parcel Map 60212 (3213-15 Burton Avenue) A Faithful Performance Bond and a Labor and Material Bond were required to guarantee construction of sewer laterals, driveways, and a parkway drain for Parcel Map 60212. In lieu of bonds, a Cash Deposit was issued to the City in the amount of $11,250. Recommendation: That the City Council accept the public improvements and survey monuments and refund the Cash Deposit including interest. L. Approval of New undertaking Agreement for Parcel Map 68743 and Release of Existing Cash Deposit (3055 Sullivan Avenue) Mr. Tony S. L. Chen DBA Dragon Builders took over the development of Parcel Map 68743 from Mr. Andy D. Huynh and Nicole Wang, the original subdividers. Anew undertaking agreement is required to guarantee completion of new sewer laterals, driveways, sidewalk, a parkway tree, and the installation of survey monuments. Recommendation: That the City Council: 1. Approve the new undertaking agreement with Mr. Tony S. L, Chen DBA Dragon Builders for the completion of public improvements; 2. Nullify the undertaking agreement with Mr. Andy Huynh and Nicole Wang and release their existing Cash Deposit. M. Annual 2008.09 Curb Ramps Construction Project -Contract Award As part of the City's Fiscal Year 2008-09 Capital Improvement Program, the City Council approved a program entitled, "Targeted Public Works Projects," which consists of public improvements to the City's local streets and public right-of-way areas. This project will improve American with Disabilities Act (ADA) compliance by retrofitting and adding eighty (80) curb ramps in accordance with ADA guidelines. Community Development Block Grant (CDBG) funds are restricted to certain project types and must be completed in CDBG Target Areas. This proposed project meets CDBG requirements. Recommendation: That the City Council; Rosemead City Council Meeting Minutes o/March 10. 2009 Page 7 0/' 11 1. Authorize the City Manager to execute the contract on behalf of the City with CJ Construction, Inc. for the Annual 2008-09 Curb Ramps Construction Project in the amount of $149,825.00. 2. Establish an amount of 15% of the contract amount ($22,473.75), as a contingency, to cover the cost of unforeseen construction expenses. Mayor Pro Tem Nunez made a motion, seconded by Council Member Low, to approve Consent Calendar with the exception of Items A., D., and I. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None A. Minutes December 16, 2008 -Adjourned Meeting January 13, 2009 -Regular Meeting Mayor Tran asked the minutes of December 16, 2008 and January 13, 2009 be deferred to the next meeting. D. Resolution No. 2009.17 Claims and Demands Recommendation: That the City Council adopt Resolution No. 2009-17, for payment of City expenditures in the amount of $825,903.96 numbered 100088 through 100165 and 65399 through 65523. Mayor Pro Tem Nuriez made a motion, seconded by Council Member Low, to adopt resolution 2009-17. Vote resulted in: Yes: Low, Nunez, Tran No: Clark Abstain: Taylor Absent: None Council Member Taylor- stated he would like to ask staff for additional back upon several items that needed further explanation and did not explain what they were for. Project Area No.1 and 2 Merger -Second Reading and Adoption of an Ordinance Approving and adopting the Merger Amendment to the Redevelopment Plans for the Rosemead Redevelopment Project Area No.1 and the Rosemead Redevelopment Project Area No. 2 Rosemead City Council Meeting Minutes of March 10, 2009 Page 8 of 11 At its February 10, 2009 meeting, the City Council introduced an ordinance that approves and adopts the merger of Project Area No. 1 and 2. The benefit of merging project areas is the ability to spend tax increment funds generated in one area in another. In the City of Rosemead, this would allow tax exempt bond proceeds as well as tax increment generated in Project Area No. 1 to be spent in Project Area No. 2 for various capital improvement projects like street rehabilitation, public facilities renovations, etc. Recommendation: That the City Council adopt No. 871, on second reading, approving the Merger Amendment to the Redevelopment Plans for the Rosemead Redevelopment Project Area No, 1 and the Rosemead Redevelopment Project Area No. 2. Council Member Clark -asked that Item I be deferred to the next council meeting so that more information could be provided. Council Member Low -stated she felt it was important to move this item Council Member Clark made a motion, seconded by Council Member Taylor to defer the adoption of Ordinance 871. Council Member Low made a substitute motion, seconded by Mayor Pro Tem Nunez to adopt Ordinance 871. Vote resulted in: Yes: Low, Nunez, Tran No: Clark, Taylor Juan Nunez -stated he not be spent appropriate Merger 1 and 2. Mr. Nunez felt the funds will 4. MATTERS FROM A. Quarterly Interim for the Quarter Ended 12/3112008 The City of Rosemead Quarterly Financial Update for the Quarterly Ended December 31, 2008, for City Council's review. That the City Council receive and file the City of Rosemead Quarterly Financial Update. Cify Manager Chi reviewed the staff report for the Quarterly Interim Financial Update. City Council received and filed the report. Rosemead City Council Meeting Minutes of March 10, 2009 Puge 9 n f 11 B. Exchange Agreement -Conversion of Federal Surface Transportation Local (STP-L) Funds to Flexible Los Angeles County Metropolitan Transportation Authority Funds The Fetleral Surface Transportation Program Local (STP-L) program provides a funding source for a variety of transportation and local infrastructure projects. In order to obligate the use of these funds, local agencies must go through a lengthy and administrative in-depth process due to federal grant regulations. The Los Angeles County Metropolitan Transportation Authority (Metro) offers local agencies an exchange program where STP-L funds may be exchanged for more flexible Metro funds allowing for easier access to transportation funds. Recommendation: That the City Council approve the exchange agreement with the Los Angeles County Metropolitan Transportation Program for the City's Federal Surface Transportation Program Local (STP-L) funds and authorize the City Manager to execute the agreement on behalf of the City. Deputy Director of Public Works Chris Marcarello reviewed the staff report for the above mentioned project. Juan Nunez -asked that staff to explain about a story in a newspaper in relation to the Los Angeles County Metropolitan Transportation Program and its funding. Council Member Taylor made a motion, seconded by Mayor Pro Tem Nunez, to approve the exchange agreement with the Los Angeles County Metropolitan Transportation Program for the City's Federal Surface Transportation Program Local (STP-L). Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None 5. MATTERS FROM MAYOR & CITY COUNCIL A. Verbatim Minutes Fees Council Member Low recently requested that staff calculate the time it takes to transcribe verbatim minutes. The City Clerk's office has calculated that it takes approximately 15 minutes to transcribe verbatim every 5 minutes of actual City Council meeting activities. That means that it costs around $17.90 to transcribe every 5 minutes worth of City Council meeting activities into verbatim minutes. Recommendation: That the City Council receive and file this report. Rosemead City Counci! Meeting Minutes of Marc{t 10, 2009 Page 10 of I 1 Marlene Shinen -inquired about the cost of the verbatim minutes and expressed concern regarding the actions minutes format and stated they did not completely summarize the content of a conversation. She announced staffs salaries and stated there had only been one request from the public to produce the minutes in verbatim format and added she did not think it should be so much trouble. City Counci! received and filed report 6. ADJOURNMENT The meeting adjourned at 9:05 pm. The next regular City Council meeting is scheduled to take place on March 24, 2009 at 7:00 p.m. Margaret Clark Mayor ATTEST: Gloria Molleda, City Clerk Rosemead City Council Meeting Minutes of March 10, 2UU9 Page 11 oJ~ll