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Item 4B - Minutes of October 13, 2015 MINUTES OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING OCTOBER 13,2015 The meeting of the Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission was called to order by Mayor/Chair Clark at 7:04 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE was led by Council Member/Board Member Low - INVOCATION was led by Mayor/Chair Clark PRESENT: Mayor/Chair Clark, Mayor Pro TemNice-Chair Armenta, Council Members/Board Members Alarcon and Low ABSENT: Council Member Hall STAFF PRESENT: City Manager Allred,City Attorney Richman, Community Development Director Ramirez, Director of Parks and Recreation Montgomery-Scott, Interim Public Works Director La, Finance Director Chu, Public Works Manager Sullivan,and Interim City Clerk Cowley. 1. PUBLIC COMMENTS FROM THE AUDIENCE -- — - Helen Hua, representing the Rosemead Chamber of Commerce thanked_the City Council for inviting the Chamber to the re-dedication ceremony. She said the Chamber has-used the RCRC for seminars and meetings and are looking forward to using space at the Center in the future. Ms.Hua introduced Ray Jan who will be replacing her as the Chief Executive Officer of the Rosemead Chamber of Commerce.- Ms. Jan said she was looking forward to working closely with the City and the businesses for a better and stronger community. - Karen Robierson representing Family Promise of San Gabriel Valley announced a benefit event being held for Family Promise on October 241'at 7:00 p.m. at the RCRC. The event is called Big Band Theory. Big Band Theory is a swing band comprised of all scientists from JCL, Cat.Tech, and Green Works. She advised the City Council of some of the venues that will take place during the evening,the cost of the tickets, where to buy them,and invited the City Council and community to attend. Vella Navarro addressed the City Council regarding the traffic problems on Angeles and Klingerman. She wanted to know if anything has been resolved to promote safety. City Manager Allred advised that staff recently received bids from traffic engineers and the City has selected Wllldan Engineers to study all of the options to determine a solution to mitigate the traffic issues identified by Ms.Navarro. The study will commence within the next month. Ms. Navarro said she would like to have it done sooner and suggested placing bots dots in the street to slow traffic. Ms. Navarro also asked if a light could be placed at Angeles Park because it has become a late night hang out and a light would discourage the people from hanging out. Mayor Clark asked the City Manager to make the traffic study a priority. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of October 13, 2015 Page I of9 ITEM NO. 4.B Mayor Pro Tern Armenta urged staff to look into this matter because she has been to Ms. Navarro's residence and the cars do travel very fast making it difficult to merge onto the street. Minnie Nakata addressed Council regarding a parking ticket she received on Delta behind Walmart. She advised that after she received the ticket she realized that there was no parking on Friday's from 10:00 a.m. to 2:00 p.m. on both sides of the street and a couple of blocks away the no parking signs alternated on each side of the street. Thereafter followed a brief discussion as to whether the streets Ms. Nakata was referring to were in the City or county and the review process for contesting tickets. Margaret (surname not provided) asked the City to clean the end of Artson Street, where the water drains into the canal. There is a lot of debris,trash,and magazines. The area is being used as a restroom and cars park on the ramp at night and dump their trash. The water cannot drain into the canal which is plugged up from the debris. She expressed concem about flooding when the rain comes. She also asked that the dead Camphor tree on the walkway at 7834 be removed stating a new tree was planted about three feet away but the dead tree has not been removed. She further asked that the foliage along the 10 Freeway wall be trimmed. She said Caltrans trimmed a portion of it because there is an onramp that had to be cleared but the remainder of the wall hasn't been touched for five years. Mayor Clark said staff would look into these matters. Ron Esquivel from Rosemead School District complemented the City Council for the City looking good and the great events the City hosts. On behalf of the School Board he Thanked the City for always working with the District and thanked both David Montgomery-Scott and Sean Sullivan for their assistance over the years. Mr. Esquivel complemented both Messrs.Montgomery-Scott and Sullivan mentioning they will be missed. He advised Council there is still a coyote problem advising of calls he has received about coyote sightings. Mayor Clark reiterated Mr. Esquivel's comments regarding Mr. Montgomery-Scott and Mr. Sullivan extending her appreciation for all they have done for the City. Brian Lewin thanked Mr.Montgomery-Scott and Mr.Sullivan and complemented both for their hard work and expressed his appreciation for the contributions both made to the City. 2. PRESENTATIONS • Proclamation Recognizing October as Crime Prevention Month Mandy Wong, Public Safety Coordinator addressed the City Council stating October is Crime Prevention Month and the ultimate goal of crime prevention is to reduce the risk of being a victim. She advised of the various public safety programs that have been instituted and the opportunities the residents have available to them relating to crime prevention. She invited everyone to the next meeting on Wednesday, October 15, 2015 at the Evergreen Baptist Church at 1255 San Gabriel Boulevard at 6:00 p.m. She stated that crime prevention is a shared and collaborative effort by working together to help make Rosemead today's small town America a safer community. The City Council presented Ms. Wong with a Proclamation Recognizing October as Crime Prevention Month. 4. PUBLIC HEARINGS A. Public Hearing on the Consolidated Annual Performance and Evaluation Report(CAPER)for FY 2014-15 Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission.Joint Meeting Minutes of October 13, 2015 Page 2 of 9 Recommendation: That the City Council conduct a public hearing and take public testimony on the City's FY 2014-15 consolidated Annual Performance and Evaluation Report. No further City Council action is necessary. Community Development Director Ramirez presented the staff report stating the Consolidated Annual Performance and Evaluation Report(CAPER)describes the overall use of Community Development Block Grant(CDBG)and Home Investment Partnership funds(HOME)received from the U.S. Department of Housing and Urban Development(HUD) for the period of July 1, 2014 through June 30, 2015. She advised Council that during the fiscal year the City spent $798,139 in CDBG funding and $100,295 in HOME funding. All of the unexpended funds were carried forward and reprogrammed into projects for this fiscal year. She advised the CAPER was submitted to HUD an September 16, 2015 and approved by HUD last week. She recommended the City Council conducta public hearing and take testimony of the City's 2014-15 Consolidated Annual Performance and Evaluation Report;no further action is required. Mayor Clark opened the public hearing at 7:35 p.m.;there being no one wishing to comment, Mayor Clark closed the public hearing at 7:35 p.m. 5. CONSENT CALENDAR A. Claims and Demands • Resolution No. 2015-58 entitled:A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,857,885.33 NUMBERED 90147 THROUGH 90311 INCLUSIVELY Recommendation: Adopt Resolution No. 2015-58 • Resolution No.2015-59 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $713,256.53 NUMBERED 90312 THROUGH 90458 INCLUSIVELY Recommendation: Adopt Resolution No. 2015-59 • Resolution No. 2015-20 entitled: A RESOLUTION OF THE CITY OF ROSEMEAD AS THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF$84,527.01 NUMBERED 10147 THROUGH 10148 INCLUSIVELY Recommendation: Adopt Resolution No.2015-20 B. Approval of Minutes • Minutes of September 22,2015 • Minutes of May 27,2014 • • Minutes of September 23,2014 • Minutes of October 28,2014 Recommendation: Approve the Minutes of September 22, 2015, May 27, 2014, September 23, 2014, and October 28,2014. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of October 13, 20/5 Page 3 of 9 C. National League of Cities 2015 Congress of Cities and Exposition - November 4r^ - 7th - Nashville,TN Recommendation: That the City Council authorize the attendance,at City expense,of any Council Member who wishes to attend the National League of Cities 2015 Congress of Cities and Exposition in Nashville,on November 4th-November 71h. ACTION: Moved by Council Member Alarcon, and seconded by Council Member Low to approve Items A through C on the Consent Calendar. The motion unanimously carried by the Council Members present. AYES: Alarcon,Armenta,Clark, Low. Absent: Hall 6. MATTERS FROM CITY MANAGER&STAFF A. Civic Center Improvement Project - City Hall exterior Improvements to Match Rosemead Community Recreation Center Recommendation: It is recommended that the City Council authorize the issuance of a change order for the City Hall facade improvement work, with no additional contract cost increase. Interim Public Works Director La presented the staff report advising the City has completed several phases of the Civic Center Improvement project. Last summer the City awarded a contract to CEM Construction for the RCRC improvements. The project included a new stand-alone building next to the RCRC. The City Council decided not to construct the stand-alone building which resulted in savings to the contract. The City is now ready to resume the City Hall project to match the exterior of the RCRC building. The savings from not constructing the stand-alone building is approximately$678,000 which is more than enough to cover the estimated cost for the City Hall exterior Improvements for approximately $245,000. He recommended the City Council authorize a change order for the City Hall Exterior Improvement project without any additional contract costs. Mayor Pro TemNice ChairAnnenta expressed her dissatisfaction with the work the contractor performed on the cement stairs indicating she almost tripped because there is a large chuck of cement missing. She noted she brought other issues regarding the contractors work to the City Manager's attention asking what guarantee the City had that the contractor would repair the defects. City Manager Allred advised Ms.Armenta the contractor who constructed the concrete steps was a different contractor and part of the chipping problem was a result of the skateboarding that has occurred. Council Member Low asked if there is a warranty period. Interim Public Works Director La advised that there is a warranty period and explained that at completion of construction,staff inspects the work performed and goes through a"punch list"of items. The punch list is provided to the contractor who has to fix those items before the City releases the retention payment, which is the last five percent of the contract amount. In addition, there are bonds in place and a one year warranty period in which the contractor would have to return to repair any defects found by staff. Council Member Low felt that even though there are some items that need repair, the City should move forward with the City Hall exterior improvements. ACTION: Moved by Council Member Low, and seconded by Council Member Armenta Mayor Pro Tem Armenta asked what type of material was going to be used to replace the copper trim. Interim Public Works Director advised the fascia would be the same material and color but not as long as the fascia on the RCRC. Rosemead City Council and the.Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of 13. 2015 Page!of 9 Mayor Pro Tem Armenta suggested a different type of material be used because she was concerned with the metal bending and getting dents diminishing the aesthetics of City Hall. Staff was directed to work with the contractor.After further direction regarding the type of fascia material, Interim Public Works Director La cont mied the direction to staff is to work with the contractor for a higher quality material that matches the RCRC, and as long as it was within 10%of the contract amount, proceed with the City Hall exterior project. City Attorney Richman clarified that this item will not come back. Staff will make some decisions within the parameters directed by Council. The motion unanimously carried by the Council Members present. AYES: Alarcon,Armenta,Clark,Low. Absent: Hall B. Review and Approval of Jay Imperial Park Design Recommendation: It is recommended that the City Council approve the proposed design of the Jay Imperial Park. Parks and Recreation Director Montgomery-Scott advised that staff has settled on a design,which is different from the original design, based on all of the mandates of Southern California Edison. He described the design and facilities to the City Council. He advised it is a passive park which is essentially what SCE will allow the City to do. He advised the design has been approved by Edison's various departments. Staff is waiting for the final version of the lease agreement from Edison. Once that is complete,staff can submit the lease agreement for signature and staff will move forward with the application to the California Public Utilities Commission. He advised that the Rivers and Mountains Conservancy has just approved the City's final extension to use the grant funds received in 2009-2010. The project must be completed and the grant closed out by June 30, 2017. He advised Council that that it would take anywhere from six to twelve months for the PUC to approve the project, so time is of the essence. He recommended the City Council approve the design as presented noting the environmental documentation was completed in 2013. Mayor Clark thanked Mr. Montgomery-Scott for all the work he did on this project adding that she sits on the Rivers and Mountains Conservancy and while she appreciated the Board extending the deadline, the City was reminded that time was limited or the City will lose its funds. Mr. Montgomery-Scott confirmed for Council Member Low that he met with the interim Parks and Recreation Director and reviewed all of the steps that have to be taken with her as well as the other projects that are pending. The Interim Parks and Recreation Director is well aware of what will need to be done. Council Member Low thanked Parks and Recreation Director Montgomery-Scott for all of his contributions to the City. She said the City is a lot more fun and more exciting since he has been with the City and the Council is going to miss him. Mayor Pro Tem Armenta asked about the precautions to be taken at Pine Street to keep children from running out into the street. Mr. Montgomery-Scott advised that staff would take whatever precautionary steps necessary regarding traffic measures. In response to Mayor Pro Tern Armenta's concerns about losing the funding if Edison doesn't sign the agreement, Mr. Montgomery-Scott stated the property is ultimately Edison's but he seriously doubted that Edison would back off. Further discussion continued regarding the length of time it will take for final approval of the PUC,the bid process and the construction of the park. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes ofOctober 13, 2015 Pages of 9 Mayor Pro Tern Armenia complemented Mr. Montgomery-Scott for his hard work and the impact he has made on the City, noting that he was responsible for the 9/11 Memorial. ACTION: Moved by Mayor Pro TemNice Chair Armenta, and seconded by Council Member/board Member Low to approve the proposed design of Jay Imperial Park. The motion unanimously carried by the Council Members present. AYES: Alarcon,Armenta, Clark, Low. Absent: Hall C. Amendments to Municipal Code 12.44.050 Prohibition of Smoking in Public Parks Recommendation: It is recommended that the City Council introduce Ordinance No. 958 amending Rosemead Municipal Code Chapter 12.44 regarding the Prohibition of Smoking in Public Parks. Parks and Recreation Director Montgomery-Scott presented the staff report explaining Municipal Code Chapter 12.44.050 that references the prohibition of smoking in public parks currently prohibits the use of lighted tobacco products only. As a result there are no limitations on the use of marijuana or other harmful plant materials that may be used by smokers. Additionally, a more recent phenomenon of vaping is also not addressed. As a result, County Sheriffs personnel as well as our own Public Safety Department cannot prohibit the use of marijuana,personal vaporization devices or e-cigarettes which are sometimes used to inhale oils that are made from marijuana or other related substances. The proposed changes to the Municipal Code expand the current prohibitions to include"a lighted pipe,cigar, hookah pipe,or cigarette of any kind,additionally a personalized vaporizer, vapor product or e-cigarettes." These changes will provide Public Safety personnel the needed enforcement tools to insure a safe and healthy environment in City parks, playgrounds, recreation centers, and hopefully will deter use among minors. Mr. Montgomery-Scott recommended the City Council introduce Ordinance No.958 amending Rosemead Municipal Code Chapter 12.44.050. Brian Lewin addressed the City Council stating he fully supports the intent of the Ordinance. While he understood there is no requirement to have an advertised public hearing on this ordinance,he thought there should be one because the ordinance is criminalizing behavior and there may be people who would want to address this issue. He also suggested the City Council adopt the appropriate text in an ordinance adopted by the City of Santa Monica(a copy of which he distributed to the City Council). His reason was that Santa Monica's ordinance encompasses all public facilities, not just parks and recreation related facilities. He requested the City Attorney review Santa Monica's ordinance and consider it as an alternative to the approach of what the City is trying to accomplish. The City Attorney responded to Council Member Low's question regarding a required public hearing,advising that the only notice required for this ordinance is the agenda. Council Member Low thought it is interesting that the City's ordinance targets only the parks and asked the City Attorney to look into it. City Attorney Richman responded that she could look into it but the reason this is directed to parks only is because staff is trying to address a specific issue so the ordinance was prepared to address the issue quickly. If council wants staff to come back and discuss a greater application that is fine, but the concem is vaping and smoking marijuana in parks. Council Member Low expressed her willingness to adopt this ordinance now and look into broadening it for better coverage. Mayor Pro Tem Armenta agreed with Council Member Low. She wants to make sure the City has the opportunity to include the language Mr. Lewin brought to the Council's attention. Thereafter followed discussion as to the timeline to bring an expanded version of the ordinance back to Council. The City Attorney advised that this ordinance could not Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of October 13, 2015 Page 6 of 9 be amended until it goes into effect, but it may be that other parts of this code can be amended without affecting this ordinance. She would have to look at the Code to make that determination. City Manager Allred advised that Council would have to move forward with this Ordinance and staff will look at ways to broaden it to include other facilities. ACTION: Moved by Council Member/Board Member Low, and seconded by Council Member/Board Member Alarcon to introduce Ordinance No.958. City Attorney Richman read the title into the record: Ordinance No.958 An Ordinance of the City Council of Rosemead Amending Chapter 12.44.050 of the Rosemead Municipal Code Relating to Prohibition of Smoking in Public Parks. The Motion unanimously carried by the following roll call vote: AYES: Alarcon, Armenta, Clark, Low. Absent: Hall D. Cost•Sharing Memorandum of Understanding (MOU) Related to Load Reduction Strategy for the Rio Hondo River and Tributaries Recommendation: It is recommended that the City Council authorize the City Manager to enter into a MOU with the County of Los Angeles and nine other cities for the development of a Load Reduction Strategy for Compliance with Los Angeles River Bacteria TMDL. Interim Public Works Director La presented the staff report advising that under the 2012 Storm Water Permit the City was required to prepare and submit a Load Reduction Strategy planning document to the Regional Board by March 2016. The document is for development of strategies to reduce the Total Maximum Daily Load (TMDL) in the Los Angeles River. He stressed that Rosemead is located in the Rio Hondo Watershed which contributing flows into the Rio Hondo River,is a tributary to the Los Angeles River,and therefore Rosemead is required to prepare this document. He noted the Memorandum of Understanding (MOU) is for preparation of the Load Reduction Strategy document for the twelve agencies that contribute to the Rio Hondo River and therefore the Los Angeles River. He advised the cost for the study is $523,269 and Rosemead's share is about 7.2% or $37,502. He recommended the City Council authorize the City Manager to execute a cost-sharing MOU for preparation of the Low Reduction Strategy document. ACTION: Council Member/Board Member Alarcon moved, and seconded by Council Member/Board Member Low authorized the City Manager to enter into a MOU with the County of Los Angeles. The motion unanimously carried by the Council Members present. AYES: Alarcon,Armenta,Clark, Low. Absent: Hall 7. MATTERS FROM CITY COUNCIL Mayor Clark thanked Sean Sullivan for his work with the City. Council Member Low thanked Mr. Sullivan saying she has known him since he was an intern and she wished him all the best. Council Member/Board Member Low asked staff to look into what the City can do about some of the vacant lots, mentioning the auto auction site. She said it has been vacant for many years, it was very run down and covered with graffiti. She wants staff to see what the City can do to have the properties brought up to code. Council MemberlBoard Member Low asked about preparing for El Nino next year by making sure the drains are clear. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of October 13, 2015 Page 7 of 9 Council Member/Board Member Alarcon asked about the restaurant at Rosemead Center and Ross Dress for Less. City Manager Allred advised the Boiling Crab Restaurant is an exciting opportunity for the City and is moving into the Cuban restaurant. He advised there is no signed lease with Ross yet;it is still in negotiations. Council Member/Board Member Armenta said she received an inquiry asking what the City's stance was regarding 5th wheel camper trailers parked on the street with people living in it. There is one that has been parked by the inquirer's home for five days. City Manager Alfred responded that it was not permitted and staff needed to know the location and code enforcement will take care of it. Chief of Police Lieutenant Somoano advised the issue in question has been addressed and the trailer is supposed to be gone tomorrow. Thereafter followed dialogue between Ms. Armenta and the Chief regarding the types of vehicles allowed to park on the street for 72 hours. Chief Somoano confirmed that all vehicles can park on the street, in the same location for 72 hours; however, it is not legal to live in the camper-trailer. After further questions from Ms. Armenta as to whether someone living in a camper trailer fell under the 72-hour rule,Chief Somoano said he wasn't sure, and would have to confirm. Ms.Armenta asked for confirmation about the 72-hour parking situation. She brought up a gentleman who parks his boat on the street in front of Sanchez School every week end and moves it every Monday. She asked that Code Enforcement go there on a Saturday. Chief Somoano advised staff would look into it. Ms.Armenta asked where the City was with regard to the tiger mosquito that is very aggressive and has a very potent sting. Council Member Alarcon responded that the Vector Control has been setting traps to eradicate them. City Manager Allred advised a representative from the San Gabriel Valley Vector Control will be making a presentation at the November 10, 2015 City Council meeting. Mayor Pro TemNice Chair Armenta also mentioned that two children have been missing since October 4th. They were last seen in Rosemead on that date. Chief Somoano advised that he wasn't familiar with the case;however,there was an investigation into a child abduction, custody dispute issue at a hotel in Rosemead last week, but he did not know if it was related. Mayor Pro TemNice Chair Armenta referred to Council Member Low's concem about El Nino stressing her concerns about the trees that are tilted. She was afraid that when El Nino arrives those trees are going to fall over. 8. COUNCIL COMMENTS Mayor Clark reported her attendance at the League of California Cities Conference in San Jose last week. She appreciated the fact the League stays on top of bills advising that one bill that almost passed was a bill making it legal for people to sleep in cars as long as they are legally parked. She felt this would be damaging to our way of life and fortunately it did not pass. Mayor Clark announced the time and dates of upcoming City sponsored events. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of October 13, 2015 Page 8 of 9 7. ADJOURNMENT There being no further business to come before the City Council, Mayor Clark adjourned the meeting at 8:33 p.m. The next regular City Council meeting is scheduled to take place on October 27, 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 October 13, 2015 Page 9 of 9