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CC - Item 5B - Minutes of October 28, 2014 MINUTES OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING OCTOBER 28,2014 The joint meeting of the Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission was called to order by Mayor/Chair Alarcon at 7:01 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE—Council Member/Board Member Low INVOCATION: Council Member/Board Member Ly PRESENT: Mayor/Chair Alarcon, Mayor Pro TemNice-ChairClark, Council Members/Board Members Armenia, Low and Ly STAFF PRESENT: City Manager Allred, City Attorney Richman,Assistant City Manager/Public Works Director Hawkesworth, Community Development Director Ramirez,Director of Parks and Recreation Montgomery-Scott,Acting Finance Director Chu,and City Clerk/Director of Public Information and Communications Molleda. 1. PUBLIC COMMENTS FROM THE AUDIENCE Bob Bruesch—invited the City Council to the Mayor's Prayer Breakfast at the Garvey Community Center on November 11, 2014 at 8:30 am, and encouraged the public to attend. In addition, he invited Council Members to attend a reception at the Garvey School District Office on Thursday at 6:00 pm to welcome new Superintendent Anita Chu. Brian Lewin—stated his concerns on a:recent incident that occurred on September 30, 2014, in which a Wal- Mart undercover security officer chased<asuspect into a residential area and got into a physical altercation with him in front of a residence. Mr. Lewin expressed his concern that security guards are not police and are not trained and the incident could have resulted in a death. He felt that was a job for law enforcement and hoped that Council would direct staff to advise the store that this type of activity was unacceptable and created an unsafe environment for the residents. Isaac Castillo—the City develop a skate park due to the number of times the skaters were ousted from the areas where they skate. He added they cannot drive to locations where there is a skate park and unless one is built in the City, they will continue to skate where they are not allowed. Council Member/Board Member Armenta arrived to the meeting at 7:10 p.m. Manuel Castillo—stated that the City needs a skate park because all of the skate parks are too far for the kids to go without taking a bus which is complicated for kids. He also felt a skate park will help keep the kids from skating in places where they should not be skating. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of October 28, 2014 ITEM NO. 5.8 Page 1 of 8 Jeremiah Griselli—indicated that the City of Rosemead needs to generate more revenue and suggested a way of doing so is through a skate park because there were so many children who have no other options. He suggested the skate park be in the vicinity of Valley Boulevard due to the number of businesses and the bus stops that surround the area. Anthony Calderon—Expressed his support for a skate park in the City because Rosemead and the surrounding areas have a large community of skateboarders, and it would be a safe and perfect place for them to enjoy their pastime. It was also a good alternative to keeping kids off the streets. Frank Miller—Reiterated the need and importance of building a skate park. He stated that in the last ten years the San Gabriel Valley had seen an increase in skateboarders in the surrounding cities. He added that kids have to travel for miles to enjoy the nearest concrete skate park. He felt that a skate park in Rosemead preferably by the Recreation Center or in Rosemead Park would be ideal for skaters to enjoy. It would also mean kids and teens would have a place to hang out and skateboard in a designated area that was safe. Having a well-built skate park would attract visitors from all over, of all ages and backgrounds, and would raise revenue for local businesses. Mr. Miller hopes Rosemead will consider the funding for a concrete skate path and follow in the footsteps of other Los Angeles County cities. City Manager Allred announced that the matter of a skate park would be discussed in the upcoming City Council meeting on November 10, 2014 at 7:00 p.m. Council Member/Board Member Armenta stated that since the subject of a skate park is not on the agenda, further discussion will take place on the upcoming scheduled meeting which would be on Monday because Tuesday was Veteran's Day and a holiday. 2. PRESENTATIONS • National Family Caregivers Month Proclamation City Manager Ailred announced that the month of November is National Family Caregivers Month and introduced Mr. Lin to receive a proclamafion from the City Council, Xing Zhou Lin—Emphasized the financial hardship of home caregivers who only make about$9.60 per hour and the importance of increasing their wages. He requested the City Council bring forth a resolution for caregivers in the City of Rosemead supporting a living wage increase of$15 per hour. City Manager Allred read a Proclamation Recognizing November as National Caregivers Month. Council Member/Board MemberArmenta acknowledged her gratitude for the service caregivers have provided to her family. The City Council presented the Proclamation to Mr. Lin. 3. CONSENT CALENDAR A. Claims and Demands Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of October 28, 2014 Page 2 of 8 • Resolution No.2014-52 Recommendation:to approve Resolution No. 2014-52, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,524,303.67 NUMBERED 86508 THROUGH 86665 INCLUSIVELY • Resolution No.2014-21 Recommendation: to approve Resolution No. 2014 21 entitled:A RESOLUTION OF THE CITY OF ROSEMEAD AS THE SUCCESSOR AGENCY'OF;THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $100,981.52 NUMBERED 100 INCLUSIVELY B. Amendments to Employment Agreement for City Clerk/Director of Communications and Management Salary and Benefits Resolution Recommendation: That the City Council: (1)Approve a modification to the Employment Agreement for the City Clerldpirector of Communication,and (2)Approve Resolution No 2014-53: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA AMENDING RESOLUTION NO.:2014.13 THAT ESTABLISHES SALARY RANGES AND BENEFITS FOR CLASSIFICATIONS IN THE MANAGEMENT SERVICE OF THE CITY ACTION: Moved by Council Member/Board Member Ly, and seconded by Council Member/Board Member Low to approve the Consent Calendar consisting of Items A and B. The motion unanimously carried by the following vote: AYES: Alarcon,Armenta, Clark, Low, Ly 4. MATTERS FROM CITY MANAGER&STAFF A. Willdan Engineering Contract for Building and Plan Check Services Recommendation: That the City Council authorize the City Manager to enter into a new three(3) year agreement with Willdan Engineering with the option to extend the agreement for up to two (2) additional years,consistent with the City's purchasing policy. Community Development Director Michelle Ramirez reviewed the staff report. Council Member Low asked for confirmation that the contract with Willdan was extended approximately a year and a half ago. City Manager Jeff Mired confirmed that approximately one and a half years ago Willdan's contract was extended for two years by a unanimous vote, and staff was also directed to go out for bid. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of October 28, 2014 Page 3 of 8 Council Member Low confirmed that although the contract was extended, it was best to go out to bid to see if the City received other proposals that would save the City money. City Manager Jeff Allred stated that was the direction staff has. Mayor Alarcon stated that normally he would agree that the City go out to bid, but this was a unique situation. Everyone he has talked to was very happy with Willdan because Wildan knows our facilities and they know the City well. He expressed the concern of the residents that if the City went out to bid so the City could save a percentage of costs, the City would have to start over. He wasn't sure it is worth it. Council Member Armenta expressed her respect for Willdan, but the last time this came before Council, Council directed staff to go out to bid after the last extension. She noted the City went out to bid for trash services, and had the City not done that, the residents would not be getting the services they are currently receiving at a reduced rate. She emphasized that the City Council should go out to bid in order to remain transparent and consistent with its stated actions. Mayor Pro Tern Clark agreed with Mayor Alarcon that the responses from the public of the service provided by Willdan are positive. She expressed support in extending the contract with Willdan Services to save money and avoid the process of hiring new personnel and getting acclimated. Council Member Low thanked Jim Donovan of Willdan Services for the great job he provides to the residents. She felt that it was fair to the residents for the City to go out to bid to make sure the City received the best contract for the people. She agreed with Council Member Armenta that this is something the Council said it was going to do and Council should follow through. She felt that overall it was a great thing for the City. Nancy Enq—shared that she has heard complements for the building inspector from contractors doing projects in Rosemead the past two years. She supported the City to engage in a competitive Request for Proposal for Building and Plan Check Services for the following reasons: First, the City has used the same contractor for 33 years. Historical knowledge is important and it is also important to know what the latest best practices are in the industry.The best way to learn this is through a competitive request for proposal to see what other contractors are doing that the CRy may want to consider. Secondly, receipts from the Building and plan check depends on activity levels and without knowing what the City's average receipts have been a savings of$50,000 to$100,000 does not seem substantial to her. The RFP will allow the City to realize that the savings and rate schedules for other related services from Willdan are indeed competitive.Third, the City's efforts in the request for proposals for trash hauler services yielded tremendous benefits in terms of cost savings and levels of services for residents and businesses. Mrs. Eng strongly urged the City to conduct a competitive RFP for building and plan check and related services. Brian Lewin—stated that the City has taken a lot of cost cutting measures including significant staff reductions which has resulted in cost savings to the City. He felt that to go out to bid was the fiscally responsible thing for the City to do. He stated that although Willdan's proposal is appealing in terms of discounts, there might be a change in Willdan's proposal if there was competition. He queried whether the City has ever gone out for bid in the 33 years that Willdan has been with the City,and if not, he wondered how Rosemead can be a contract city if contracts are not put out for bid. He felt that if the City liked the particular individuals,the City had the option of offering them employment. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of October 28, 2014 Page 4 of 8 ACTION: Moved by Council Member Ly, and seconded by Council Member Low to direct staff to begin a Request for Proposal process for the building and plan check process. The motion carded by the following vote: AYES: Armenta, Low, Ly. NOES: Alarcon, Clark B. Discussion of Complaints Regarding Private Bus Patrons Parking on Residential Streets Recommendation: That the City Council provide direction to staff regarding placement of an item on the agenda for consideration at an upcoming Council meeting. City Manager Allred reviewed the staff report. Council Member Ly agreed with the direction the City Manager is proposing. He felt that it is important to ban the practice and then revoke any previous agreements between the property owners and the bus companies. He felt this was an all-out ban and that is what needs to be done to solve some of the problems such as the trash, the use of facilities around the area, as well as people loitering in that area City Attorney Richman commented that if there were any changes made to the code the two bus companies that currently have a business license and agreement with the surrounding property owners will be grandfathered in. She advised that as to following the laws and issues associated with whether or not they are consistent with their current business license the sheriffs department is monitoring the situation and staff continues to watch them. She stated revocation is an option for the Council to consider separate. Revocation has its own process in that the City has adopted the County's process for revocation. Community Development Director Ramirez indicated the process of revocation is a hearing before the Planning Commission with the right to appeal to the City Council. Community Development DirectorRamirez responded to City Manager Allred's question regarding the time period for the business license, stating that a business license has to be renewed annually, and questioned whether or not renewing their licenses was an option. City Attorney Richman mentioned that one of the issues discussed was if it was no longer a permitted use, their business license would not be extended past the one year noting that if within the year there are any problems with the locations of the buses, staff would look at the issues and determine what can be done about the extensions. Council Member Ly confirmed with staff that one of the locations where the bus company has an agreement with the property owner is on Valley Boulevard by City Hall. Community Development Director Ramirez responded that was correct, next to Rite-Aid, AB Toy Town has an agreement with two bus operators and the bank across the street, has an agreement with one bus operator. Council Member Ly recommended amending the ordinance and have staff work with the City Attorney to determine the best course to achieve the elimination of the buses from the current locations. He would be Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of October 28, 2014 Page 5 of 8 okay with letting the licenses expire if that was the easiest way, but if not, he would like to see a public hearing procedure for the revocation process. Mayor Pro Tern Clark was concerned about a temporary solution for the cars parking on the streets. She referenced the previous meeting where Council discussed requiring the people who received a permit to provide parking spaces on the parking lot they are renting. City Attorney Richman stated the bus companies already have their business licenses without that additional condition and the City cannot change that now unless the licenses were revoked by means of a revocation hearing. Mayor Pro Tern Clark asked if it's legal to revoke their business license. City Attorney Richman explained that a revocation hearing was dealing with due process rights and needed to establish that they are in fact violating all of the requirements. She expressed that it is possible to undertake a revocation hearing, but there is a process and the City needs sufficient findings for revocation. She suggested another option, as part of a revocation hearing..Instead of revoking the license,the City could add additional conditions to the license; but that would be separate and apart from making changes to the current ordinance, it would not affect the three current businesses that have the licenses. Council Member Low reiterated that it is an option to let the business license expire and wait for the new laws to take effect. City Manager Allred explained the staff report explains that under the City Zoning Code the parking of buses on private property is not a permitted use. He added that staff has distinguished the loading and unloading of passengers from actually parking by the buses which is not a permitted use. Staff would have to determine whether they are parking for substantial periods of time. If that is the case, it is not a permitted use and that could be used as a reason to not renew the business licenses. In addition, he mentioned Code Enforcement Officers are trying to determine if the buses are complying with the restrictions relative to times. He noted a complaint was received that buses were releasing passengers in residential areas after 10:00 p.m. making disruptive noise. He assured that the City is monitoring the situation and if there are violations, then the City can initiate revocation proceedings. City Attorney Richman agreed with the statement made by the City Manager. She commented that if the City had some substantial findings that the bus companies are continually violating the regulations then revocation can be considered. The final decision may be to wait for the expiration of the business licenses; however, before doing so, she wanted to look at the license to see exactly what it says as to whether or not the City can issue it again. Once she has reviewed the licenses she will get back to Council. Mayor Pro Tem Clark confirmed the City was stuck for about a year, unless there are violations that can be used to revoke the business license. City Attorney Richman explained the entire process of a revocation hearing can take several months. The property owner would have to be noticed and given time to prepare for the public hearing before the Planning Commission; and they would likely appeal the Planning Commission's decision with the City Council. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of October 28,2014 Page 6 of 8 Mayor Pro Tern Clark stated since the area was being impacted by a Council decision that had unintended consequences she would like staff to look into the possibility of permit parking on the streets in the specific locations that are affected by this issue. If the residents want permit parking for at least a year to alleviate the problems they are experiencing. Council Member Ly suggested, that before considering permit parking, which he was not a fan of because it was poor public policy, talking to the commercial property owners and informing them that the City is in the process of determining whether the agreements are legal and perhaps they would be willing to discontinue their contracts with the bus operators. He assumed that any contract the property owners have with the bus operators might be month to month to allow the property owner the flexibility to develop the property or sell it in the future. Mr. Ly suggested staff talk to the property owners and let them know this type of business is being banned in the City and ask them to end their contract. City Manager Allred stated that staff has not had that discussion with the property owners but staff was certainly willing to do that. Community Development Director Ramirez explained that during the time of approval of the three contracts, the bus companies signed an affidavit listing conditions by which they:would abide by. One of the conditions was if the City Council made changes, they would have to abide by those changes. The affidavit was signed by the applicant and was notarized. She mentioned the City Attorney has not seen this condition and would have to determine if the clause was legal and can be pursued. Council Member Armenta stated the residents'quality of life is not affected by the buses parking in the streets for a long duration of time, is the people who ride the buses:and who are parking on the streets. Even though the code states that bUses parking on private property is not a permitted use, they are just loading and unloading. explained that even if Code Enforcement Officers monitor people loading and unloading, the busses will not be parked for a very long time. Ms. Armenta added that she knew there was different philosophies about permitted parking,cities with universities have permit parking for the residents. She agreed with Mayor Pro Tern Clark's comments and suggested that staff first verify the conditions listed on the affidavit before proceeding with other possible solutions. Council Member Ly felt that sometimes the best solution was the easiest one and that is the one he would like to pursue first, by limiting the impact on the residents in that area as soon as possible. He expressed concern with Mayor Pro Tern Clark's comment that the City created unintended consequences when the City implemented the ordinance. The ordinance was designed to solve a problem that formed organically. He felt a discussion on permit parking would create unintended circumstances, shadng the experience of trying to find parking on streets In cities that have permitted parking. He explained the effects of permit parking and stated the City should maintain free public parking on public streets. Thereafter followed a discussion between Council Member Armenta and Council Member Ly regarding the pros and cons of permit parking. Mayor Pro Tem Clark stated that it was never her intent to charge a fee for a parking permit. She suggested asking staff to talk to the property owners to see if they were willing to make changes. If not, then as pointed out by Community Development Director Ramirez, there is a clause in the business license permit that the bus companies must abide by, and require that they provide the parking on site. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of October 28,2014 Page 7 of City Attorney Richman clarified that she would look into the condition and see if it was enforceable and report that back to the City Council. The last component was the direction of whether to come back with an ordinance on a go forward basis to not allow this type of use. Council Member Low stated she agreed with Mayor Pro Tem Clark that it was in the City's best interest to have staff look into the matter and the City Attorney look into the language in the business license application and signed affidavits. Ms. Low agreed with updating the current ordinance and move forward. 5. MATTERS FROM MAYOR &CITY COUNCIL Council Member Armenta asked that the resolution for the healthcare providers' living wages be placed on the next City Council agenda, as is. She stated the current wages the caregivers receive does not match the level of service they give to the patients as well as to the family members. Ms.Annenta would also like to make sure the skate park will be placed on the next agenda for discussion. She requested the meeting be adjourned in memory of longtime resident Concepcion Hernandez who passed away last week. Mrs. Hernandez was the mother of Renee Hernandez who was the principal at Sanchez School and is now a director with the Garvey School District. The Hernandez family also has a print shop on Garvey Avenue. Mayor Pro Tern Clark requested a workshop at 6:00 p.m. prior to the next City Council meeting to discuss ongoing code violation issues and meet with the Sheriffs Captain and the Code Enforcement Officers. After a brief discussion regarding items previously scheduled for a workshop on the next meeting, and topic of discussion, Mr.Allred said a workshop would be scheduled. Council Member Ly suggested in addition to the skate park discussion for the next agenda, he would like to include a discussion on the possibility of a permanent location for the maintenance yard and building, so that a youth program center could be at the Garvey Park location. Mayor Alarcon announced the dates and times of the upcoming community events. 6. ADJOURNMENT There being no further business to come before the Council, Mayor Alarcon adjourned the meeting in memory of Concepcion Hemandez at 8:06 p.m. The next regular City Council meeting is scheduled to take place on November 11,2014 at 7:00 p.m. in the Rosemead City Hall Council Chamber. Carol Cowley, Interim City Clerk APPROVED: William Alarcon, Mayor Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of October 28, 2014 Page 8 of 8