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CC - Item 4B - Minutes of August 11, 2015 MINUTES OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AUGUST 11, 2015 The joint meeting of the Rosemead City Council and the Successor Agency of the Rosemead Community Development Commission was called to order by Mayor/Chair Clark at 7:01 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE was led by Mayor Pro Tem/Vice Chair Armenta'' INVOCATION was led Council Member/Board Member Alarcon PRESENT: Mayor/Chair Clark, Mayor Pro TemNice-Chair Armenta, Council Members/Board:Members Armenta, Hall and Low STAFF PRESENT: City Manager Allred, City Attorney Richman, Assistant City Manager/Acting Public Works Director Hawkesworth, Community Development Director Ramirez, Director of Parks and Recreation Montgomery-Scott, Finance Director Chu, Public Works Manager Sullivan, and Interim City Clerk Cowley. 2. PUBLIC COMMENTS FROM THE AUDIENCE There were no public comments. 3. PRESENTATIONS There were no presentations. 4. CONSENT CALENDAR Consent Calendar Items F and G were pulled for discussion. A. Claims and Demands • Resolution No. 2015-47 Recommendation: Adopt Resolution No. 2015-47, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,510,354.04 NUMBERED 89469 THROUGH 89472 AND 89487 THROUGH 89530 INCLUSIVELY Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of August 11,2015 Page 1 of 9 ITEM NO. 4.8 • Resolution No.2015-48 Recommendation: Adopt Resolution No. 2015-48, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $526,308.23 NUMBERED 89468 THROUGH 89468 AND 89473 tHROUGH 89486 AND 89531 THROUGH 89635 INCLUSIVELY B. Approval of Minutes • Minutes of April 28, 2015 • Minutes of July 28, 2015 Recommendation: Approve the Minutes of April 28, 2015 and July 28, 2015. C. Second Reading of Ordinance No. 951: Approving Municipal Code Amendment (MCA) 15-02 Relating to Regulations for Nonconforming Uses, Structures, Lots, and Parking Facilities Recommendation: That the City Council adopt Ordinance No. 951 at its second reading, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT (MCA) 15-02, AMENDING CHAPTERS 17.04 AND 17.72 OF TITLE 17 OF THE CITY OF ROSEMEAD MUNICIPAL CODE RELATING TO REGULATIONS FOR NONCONFORMING USES, STRUCTURES, LOTS, AND PARKING FACILITIES D. Second Reading of Ordinance No. 954: Approving Municipal Code Amendment 15-03 Amending the Building and Construction Code and Zoning Code Relating to Solar Energy Systems Recommendation: Adopt Ordinance No. 954 at its second reading, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT 15-03, ADDING CHAPTER 15.10 — SOLAR ENERGY SYSTEMS TO TITLE 15 (BUILDING AND CONSTRUCTIN) AND AMENDING SUBSECTION 17.28.020(8)(3)(5) OF TITLE 17 (ZONING) OF THE CITY OF ROSEMEAD MUNICIPAL CODE RELATED TO STATE REGULATIONS FOR SOLAR ENERGY SYSTEMS E. Professional Services Agreement with LASER, LLC for Interim Public Works Director Services Recommendation: That the City Council approve a professional services agreement with LASER, LLC ACTION: Moved by Council Member Alarcon, and seconded by Council Member Armenta to approve the Consent Calendar consisting of Items A through E. Items F and G were pulled for discussion and separate action. The motion unanimously carried by the following vote: AYES: Alarcon, Armenta, Clark, Hall and Low. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of August 11,2015 Page 2 of 9 THE FOLLOWING ITEMS WERE PULLED FROM CONSENT F. Fiscal Year 2015-16 Road Resurfacing Projects Award of Contract— Design Engineering Recommendation: It is recommended that the City Council authorize the City Manager to enter into a contract with CEJ Engineers, Inc. for design engineering services for the "Annual Residential Resurfacing"and "Temple City Blvd Resurfacing/10Fwy to Guess St." improvement projects in the amount of$82,420.00 and authorize a contingency of$12,300 (approximately 15%) to cover the cost of any unforeseen elements in the design process. In response to Council Member Low's question about public works projects being awarded to the lowest responsible bid, City Attorney Richman clarified that the contract award was for design services, not for the actual public works project, and therefore it was not required to go with the lowest responsive bid. Council Member Low was advised by staff that the City had previous experience with CEJ Engineers. Council Member Armenta asked if any precautions were going to be made to alleviate the traffic flow or add any medians for traffic calming, in light of the recent fatality in that location. Public Works Manager Sullivan advised the Council that the project was limited to asphalt from the southern portion of Temple City Boulevard nearest the freeway to Guess Street. He added the incident in question was further up on Temple City Boulevard and would not be covered under this project. He further responded that nothing was going to be done at this time. ACTION: Moved by Council Member Low, and seconded by Council Member Alarcon to approve the Fiscal year 2015-16 Road Resurfacing projects award of contract for design engineering to CEJ Engineers, Inc. The motion unanimously carried by the following vote: AYES: Alarcon,Armenta, Clark, Hall and Low. G. Highway Safety Improvement Project—Garvey Avenue Award of Contract Recommendation: that the City Council: (1) Authorize the City Manager to enter into a contract with PTM General Engineering Services, Inc. for Highway Safety Improvement Project—Garvey Avenue in the amount of$479,079 and authorize a contingency amount of $72,000 (Approximately 15%) to cover the cost of any unforeseen construction expenses; and (2) Approve Resolution 2015-50 appropriating $117,000 in additional Street Lighting District Funds for the completion of this project. Council Member Low asked for clarification on the amount that the contractor would be awarded, pointing out that the budgeted amount for this project was $606,000, but staff was requesting an appropriation for an additional $117,000. Public Works Manager Sean Sullivan explained that the contractor was being awarded $479,079 with an additional contingency of 15%. He stated the $606,000 reflected the entire budget Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of August 11,2015 Page 3 of 9 necessary for the project which encompasses the design services to date, staff time as well as inspections costs and other expenses to complete the project. City Manager Allred interjected the additional $117,000 from the Lighting fund was part of the total amount of$606,000. After some discussion about the amount that was being awarded to the contractor, City Attorney Richman, clarified that Council Member Low was asking whether the contract award was for $606,000 or $479,079. Staff confirmed that the contract award was for $479,079 and the remaining funds included the contingency, design, staff costs, and inspection of the project. The $606,000 was the total amount of the project, which included construction and soft costs and those funds were allocated from the Capital Improvements budget, which was short by$117,000 and so staff was recommending that an additional $117,000 be appropriated from the Lighting District Funds to augment the Capital Improvement budget for this,project. Further discussion regarding this issue ensued regarding funds having been spent without City Council approval. ACTION: Moved by Council Member Alarcon and seconded by Council Member Low to authorize the City manager to enter into a contract with PTM General Engineering Services, Inc. for the Highway Safety Improvement project, Garvey Avenue for $479,079 and authorize a contingency amount of$72,000; and adopt Resolution No. 2015-50 appropriating$117,000 in additional Street Lighting District Fund. The motion unanimously carried by the following vote: AYES: Alarcon, Armenta, Clark, Hall and Low. Council Member Armenta stated for the record that she approved the project because it was badly needed but she was not pleased that it came without Council approval. 5. MATTERS FROM CITY MANAGER & STAFF A. Review and Approval of Rosemead Park Skate Plaza Design Recommendation: That the City Council: (1) approve the proposed design of the Rosemead Skate Plaza, and (2) authorize the City Manager to execute an Interlocal Contract through the Helping Governments Across the Country Buy (HGACBuy) cooperative purchasing program, in an amount not to exceed $475,000, for construction of the skate plaza project. David Montgomery-Scott, Director of Parks and Recreation Director provided the staff report and introduced Aaron Spohn, owner of Spohn Ranch Skateparks who has designed and built skate parks all over the world. Mr. Spohn made a PowerPoint presentation of the proposed design of the Rosemead Park Skate Plaza, indicating he and his team conducted workshops with community members who completed a survey to come up with this design. Mr. Spohn then reviewed the design concept to the City Council explaining all of the issues that were taken into consideration while designing the skate plaza. During his presentation, Mr. Spohn pointed out the color schemes and the City's logo that was added. Council Member Low asked if it was possible to also put the logo on the street side so people who drive by could see it. Mr. Spohn replied that if that was something Council was interested in, they could probably accommodate that. Thereafter, followed a general discussion regarding the park, the skate park and some of the concerns that were brought up and addressed as part of the design. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of August 11,2015 Page 4 of 9 Parks and Recreation Director Montgomery-Scott summed up the report by indicating that the proposed design was before the City Council for approval; should Council approve the proposed design then Council would want to move forward with construction documents which was included in Spohn Ranch's existing contract. The construction documents phase would take approximately 10 weeks and would include engineering review at 75% and 90% of completion. Once the construction drawings were complete, the skatepark would either go out for public bid, or be built through the cooperative purchasing agreement with HGACBuy, whichever Council prefered. He advised the City Council on what to expect in terms of time and dollars if the City Council decided to go out for public bid and compared it to the cost and construction time of going through the cooperative purchasing agreement. He noted that Spohn was a certified contractor under the HGACBuy program, and as the designer they would be the general contractor which would significantly reduce the possibility of change orders. Council Member Low asked Mr. Montgomery-Scott to explain more about the HGACBuy program. He explained the program allowed the City to piggyback off of what other governmental agencies did; HGACBuy made all the arrangements for contractors, they received bids, obtained the costs and established the rates so the City benefits by receiving the lower cost that has been established. The Council discussed the issue of having to accept the lowest bid, if the City should bid the project, and the benefit of using the HGACBuy program. COMMENTS FROM THE PUBLIC Mary Norah expressed her concerns that if a skate plaza was built in the park, the park would lose its family atmosphere; it would increase the parking, there would be more risks, cars would be vandalized, and young people smoking or doing drugs. She was therefore opposed to the skate plaza in the park. Chan was opposed to the skate plaza and wanted to know why the residents did not receive notice of the skate park. He asked the Council to consider moving the skate plaza to another location. Mayor Clark informed Mr. Chan, she was just in the park for a birthday party and a notice was posted. Brian Lewin was in support of the project and asked Council to direct Spohn Ranch to require a rough, non-skateable surface for the two paths into the skate area. He also suggested that in the future, if the City hadother projects that might significantly impact a use in a particular Location, that a sign be posted when it was first proposed so the people who frequent the area would see it early in the process and be able to comment at that time. Joe Caringella was opposed to the skate plaza in the park. Council Member Hall advised that she attended the workshops and she got to see the skaters in an atmosphere where the skaters were very much involved in trying to be a part of what the City did for their interest. Watching the young people at the workshops guaranteed her thinking that this project would not be negative. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of August 11,2015 Page5 of 9 Council Member Alarcon stated that he had been walking in the park every morning at 8:00 a.m. and in his experience the park was heavily used between 8:00 a.m. and 10:30 a.m. after which the park was very quiet. A brief discussion between staff and the City Council ensued regarding park and trail use, the times of the day when the park was used the most, and the character of the skaters. Mayor Pro Tem Armenta reminded everyone that this was a park that was open to everyone and to prohibit a particular group of individuals or a particular form of activity was discriminating. Mayor Clark expressed concern about liability and asked what the City's liability would be. Parks and Recreation Director Montgomery-Scott confirmed that if the skate plaza placed signage advising skaters to wear the proper safety gear and the signs were visibly placed, then the onerous for liability is on the skater. She also asked if some type of barrier could be placed around the portion of the skate plaza close to the walking trail, if it was determined, at a later date that a skateboard could fly up and interfere with the walking trail. City Attorney Richman, confirmed that the JPIA has no issues with these types of parks. The JPIA has historically found that almost no claims have been filed. City Manager Allred responded to Mayor Clark's concern about installing a fence, if necessary, and advised there was a 40 foot buffer between the skate park and walking trail, but some type of attractive fence could be added if required. Council Member Low expressed her continued concern about the skate plaza and her understanding of the residents' concerns. She stated she planned not to support this item. ACTION: Moved by Mayor Pro Tem Armenta, and seconded by Council Member Alarcon, moved to approve the design and to authorize the City Manager to execute an Interlocal Contract through the Helping Governments Across the Country Buy cooperative purchasing program, in the amount not to exceed $475,000 for construction of the skate plaza. The motion carried by the following vote: AYES: Alarcon, Armenta, Clark and Hall. NOES: Low. B. Paratransit Contract Discussion and Award Recommendation: That the City Council take the following actions: (1) Award a contract for paratransit services, and; (2) Provide direction regarding the pending delivery of the buses. Assistant City Manager Matt Hawkesworth advised that before the City Council was an item to award a contract for paratransit services, and consideration of converting the five buses to propane fuel. A tremendous amount of information has been provided to the City Council in their packets and Roy Goutheir,transit consultant, Steve Chung,the operator from Creative Buses, as well as all four of the proposers were in the audience, and were available to answer any questions. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of August 11,2015 Page 6 of 9 COMMENTS FROM THE PUBLIC Rich Rogers, Chief Operating Officer from Transportation Concepts addressed the City Council advising that they submitted the lowest bid on all three options contained in the Request for Proposal. In addition Transportation Concepts was providing a manager who would be dedicated to the service and who was fully committed to the project. Joe Escobedo, Senior Vice president of Business Development for MV Transportation advised the City Council that MV Transportation was 40 years old. MV Transportation has grown from a two bus operation to a billion dollar company. They were the largest provider of paratransit and fixed route services in the State of California. They operate 20 contracts in the Los Angeles area and were very familiar with the operating conditions and the challenges of the area. He said that what sets MV Transportation apart from the other proposers, was its technology; they were the only firm that provides a full technological solution, explaining the type of technology they provide. David Smith, Director of Business Development for First Transit advised that First Transit has offered 60 years of service. First Transit's facilities were less than three miles from the City with dedicated staff to provide the service. Scott Transue, Chief Operating Officer with Southland Transit advised they were the current operator for the City. He addressed the two items before the City Council noting that it made perfect sense to pay an additional $20,000 per bus to convert to propane fueling system because it would save the City approximately $1 million over the life of the contract. He said Southland's facility was less than a mile away from the service area so response times would be very quick and they have an experienced work force that knows the area very well. Thereafter,Council Member Low and Mayor Pro Tern Armenta expressed their thoughts about the service offerings of the proposers. Mayor Pro Tem Armenta then proceeded to ask clarifying questions of each of the proposers relative to their service; and specifically with Mr. Transue from Southland Transit, who discussed the issue of the number of buses required to adequately operate the services. Council Member Hall expressed her support for Southland Transit because of the relationship and comradery already established with the residents, especially the senior citizens, of Rosemead. Mayor Clark agreed and added that it was hard for senior citizens to accept change. Council Member Alarcon shared his good experience with the Dial-A-Ride operators. Mayor Pro Tern Armenta discussed the savings the City would realize from converting the buses to propane. She also mentioned the only loss would be the 60,000 mile warranty on the engine; however, the life of the buses would outlive the warranty. A brief discussion regarding the length of time, it would take the City to recoup its cost from the conversion. Thereafter followed a discussion regarding the difference in size between propane tanks and gasoline tanks and the fact that Creative Buses would shortly have a 72 gallon propane tank available. Council Member Low and Council Member Clark both expressed their support of converting the buses to propane and staying with the City's current provider. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of August 11, 2015 Page 7 of ACTION: Moved by Council Member Low, and seconded by Mayor Pro Tem Armenta,to award the contract for paratransit services to Southland Transit. The motion unanimously carried by the following vote: AYES: Alarcon, Armenta, Clark, Hall and Low. Moved by Mayor Pro Tern Armenta, and seconded by Council Member Low, to direct staff to change the newly purchased gas fueled vehicles to propane. The motion unanimously carried by the following vote: AYES: Alarcon, Armenta, Clark, Hall and Low. The City Council clarified the new larger propane tank was not yet available and for staff to purchase the smaller size tank. C. Dissemination of New or Revised Administrative Policies and Departmental Policy Documents to Members of the City Council Recommendation: City Council direction is requested. City Manager Allred updated the City Council on direction provided at the previous Council meeting for staff to bring back a resolution that would direct the City Manager to forward any new or revised administrative policies or departmental policy documents to members of the City Council for informational purposes and comments. The resolution was before the City Council for consideration. City Manager Allred confirmed for Mayor Pro Tem Armenta that the policies would not be submitted to Council for informational purposes only, but also for Council to express their concerns and comments to the City Manager regarding the policy. ACTION: Mayor Pro Tern Armenta moved, and seconded by Council Member Hall, to adopt Resolution No. 2015-49. The motion unanimously carried by the following vote: AYES: Alarcon, Armenta, Clark, Hall and Low. 6. MATTERS FROM CITY COUNCIL Mayor Pro Tem Armenta discussed the issue of having a complaint-based code enforcement system and being consistent in enforcement. She spoke about receiving a call from a resident who received a warning from Code Enforcement for not putting away her trash cans and for having a canopy in her drive way. The resident complied and took down the canopy and put away her trash cans, yet her neighbor's trash cans were out and the resident wanted to know why her neighbor was not told to put her trash cans away. City Manager Allred confirmed that code-enforcement for residential was complaint based, and the City was proactive for commercial. Council discussed the issue of the lack of consistency in enforcement in which some canopies were not allowed while others were, noting the City Manager having the discretion to allow a canopy if it met certain requirements. Mayor Pro Tem Armenta felt that if one violation was reported, and code enforcement responds, code enforcement should not add other violations. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of August 11,2015 Page 8 of 9 Council Member Low suggested that if exceptions were going to be allowed those exceptions should be added to the Code. Staff was directed to bring back a proposed amendment for discussion. 7. COUNCIL COMMENTS Council Member Low complemented the Sheriffs Department for responding to her call about illegal fireworks being set off in the neighborhood. She thanked the Sheriffs Department for quickly addressing the issue. Mayor Pro Tem Armenta thanked the Sheriffs Department for apprehending suspects who attempted to burglarize Mayor Pro Tern's home, and who broke into several of her neighbors' homes. Mayor Pro Tern Armenta also mentioned how great National Night Out was and the success of the first Resource fair. She thanked the Beautification Committee, Brian and James who assisted her in passing out the backbacks. City Manager Allred introduced and welcomed Anthony La who was the City's Interim Public Works Director. He also thanked Assistant City Manager Matt Hawkesworth for serving as the Interim Public Works Director for ten months without additional compensation. 8. ADJOURNMENT There being no further business to come before the City Council, Mayor Clark adjourned the meeting at 9:04 p.m. The next regular City Council meeting is scheduled to take place on September 8, 2015 at 7:00 p.m. in the Rosemead City Hall Council Chamber. Carol Cowley, Interim City Clerk APPROVED: Margaret Clark, Mayor Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of August 11, 2015 Page 9 of 9