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CC - Agenda 05-12-09Public Comment from the Audience • if you wish to address the City Council, please complete a Speaker Request Card, as it must be handed to the City Clerk before the start of the meeting. • The City Council will hear public comments on matters not listed on the agenda during the Public Comments from the Audience period. • Opportunity to address the City Council (on non-agenda items) is limited to 3 minutes per speaker. • The City Council will hear public comments on items listed on the agenda during discussion of the matter and prior to a vote. Brown Act Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting. Rules of Decorum Persons attending the meeting shall observe rules of propriety, decorum, good conduct, and refrain from impertinent or slanderous remarks. Violation of this rule shall result in such persons being barred from further audience before the goveming body. Pursuant to Gov. Code Sect. 54954.3(c), any person who engages in unlawful interference shall be removed from chambers. Americans with Disabilities Act In compliance with the ADA, if you need special assistance to participate in this meeting, please contact the City Clerk's office at least 48 hours prior to the meeting to allow the City to make reasonable arrangements to ensure accessibility to the meeting or service. This agenda was posted 72 hours in advance of the meeting at the City Hall, 8838 E. Valley Boulevard, Rosemead; the L.A. County Library, Rosemead Branch, 8800 E. Valley Boulevard, Rosemead; and other locations pursuant to RMC Sec. 1.08.020. Any writings or documents provided to a majority of the Rosemead City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office during normal business hours. Rosemead City Council AGENDA May 12, 2009 7:00 PM City Hall Council Chambers 8838 E. Valley Blvd., Rosemead, California 91770 www.cityofrosemead.org Margaret Clark, Mayor Gary Taylor, Mayor Pro Tem Sandra Armenta, Council Member Polly Low, Council Member Steven Ly, Council Member ROSEMEAD CITY COUNCIL AGENDA Mav 12.2009 • CALL TO ORDER - 7:00 PM • PLEDGE OF ALLEGIANCE - Council Member Low • INVOCATION - Council Member Ly • ROLL CALL - Mayor Clark, Mayor Pro Tem Taylor, Council Members Armenta, Low, Ly 1. PRESENTATIONS A. Proclamations - Firefighter Month San Gabriel Valley Mosquito & Vector Control Presentation - Robert Bruesch 2. PUBLIC COMMENT FROM THE AUDIENCE 3. PUBLIC HEARING A. Public Hearing on the Fiscal Year 2009.10 Annual Action Plan A public hearing is being held tonight and approval of the City's Annual Action Plan for the period of July 1, 2009 - June 30, 2010. An Annual Action Plan is required by the U.S. Department of Housing and Urban Development (HUD) in order for the City to receive federal funds under the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) programs. The Annual Action Plan includes the proposed activities, resources and expenditures for the CDBG and HOME programs. A list of staff-endorsed projects has been developed based on the funding requests and ongoing CDBG and HOME funded activities. These recommendations are consistent with the housing and community development priorities that the City has set and followed in the past. In addition, all the proposed projects meet the CDBG and HOME eligibility requirements. Recommendation: That the City Council: Conduct a public hearing and take public testimony on the Annual Action Plan covering the period of July 1, 2009 - June 30, 2010; Approve the CDBG and HOME funding recommendations, authorize the submittal of the City's FY 2009-10 Annual Action Plan to the U.S. Department of Housing and Urban Department; Authorize the Interim City Manager to execute all appropriate and necessary documents to receive funding and implement approved use; and Page 2 of 10 ROSEMEAD CITY COUNCIL AGENDA 12, 2009 4. Award the following pubic services agencies with CDBG funds and authorize the Interim City Manager to execute service agreements: • Family Counseling Services - $40,000 • Morrison Health Care (Senior Nutrition Provider) - $76,808 • People for People - $27,600 • Rosemead School District - $11,698 • Rosemead High School - $13,650 • The Southern California Housing Rights Center - $25,000 Award $27,560 (5%) of HOME funds to the Rio Hondo Community Development Commission to defray certain cost for the operation as the City's Community Housing Development Organization (CHDO) and authorized the Interim City Manager to execute Operating Expense Agreement. 4. CONSENT CALENDAR A. Minutes February 10, 2009 - Regular Meeting March 10, 2009 - Regular Meeting B. Resolution No. 2009-22 Claims and Demands Recommendation: Adopt Resolution No. 2009-22, for payment of City expenditures in the amount of $1,227,983.54 numbered 100290 through 100327 and 65909 through 66073. C. Release of Bond - Tract Map 61005 (3313 Del Mar Avenue) A Faithful Performance Bond and a Labor and Material Bond were required to guarantee construction of new curb and gutter, sidewalk, driveways, parkway drains, sewer line, water line, and survey monuments for Tract Map 61005. A Bond was issued to the City in the amount of $64,800. Recommendation: That the City Council accept the public improvements and release the Bond. D. Release of Bond - Parcel Map 62444 (3843 Delta Avenue) A Faithful Performance Bond and a Labor and Material Bond were required to guarantee construction of sewer laterals and installation of survey monuments for Parcel Map 62444. In lieu of bonds, a Cash Deposit was issued to the City in the amount of $12,600. Recommendation: That the City Council accept the public improvements and survey monuments and refund the Cash Deposit including interest. Page 3 of 10 ROSEMEAD CITY COUNCIL AGENDA 12, 2009 E. Release of Certificate of Deposit - Parcel Map 62018 (4214-4220 Barlett Avenue) A Faithful Performance Bond and a Labor and Material Bond were required to guarantee construction of sewer laterals, driveways, sidewalk, a parkway drain, and a parkway tree for Parcel Map 62018. In lieu of bonds, a Certificate of Deposit was issued to the City in the amount of $14,550. Recommendation: That the City Council accept the public improvements and survey monuments and authorize the release of the Certificate of Deposit including interest. F. Release of Certificate of Deposit - Parcel Map 65274 (8958 Whitmore Avenue) A Faithful Performance Bond and a Labor and Material Bond were required to guarantee construction of new curb and gutter, sidewalk, driveways, parkway drains, sewer laterals, plan a parkway tree, and install survey monuments for Parcel Map 65274. In lieu of bonds, a Certificate of Deposit was issued to the City in the amount of $14,550. Recommendation: That the City Council accept the public improvements and survey monuments and authorize the release of the Certificate of Deposit including interest. G. School Resource Officer Program Funding The City currently contracts with the Los Angeles County Sheriffs Department for a Special Assignment Deputy that is assigned to Rosemead High School as a School Resource Officer (SRO). The El Monte Union High School District currently shares half the cost of the SRO with the City, however, the agreement must be renewed by both the City and the School District. City staff will include the necessary funding in the 2009-10 Budget to cover the City's portion of the agreement. Recommendation: That the City Council approve the agreement with the El Monte Union High School District for assistance in funding the SRO program. Sewer System Management Plan (SSMP) - Contract Award In accordance with the State Water Resources Control Board's (SWRCB) Order No. 2006- 0003-DWQ, public agencies are required to develop and implement a Sewer System Management Plan (SSMP). The mandate includes the requirement to properly manage, operate and maintain all parts of the City's local sanitary sewer system, including the mitigation of any potential sewer overflows. Recommendation: That the City Council approve an agreement with Kimley-Horn & Associates, Inc. to develop the City's Sewer System Management Plan (SSMP) and authorize the City Manager to execute the contract. Page 4 of 10 ROSEMEAD CITY COUNCIL AGENDA May 12, 2009 Annual 2008-09 Slurry Seal 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 help extend the life of local streets and improve community aesthetics. This project is funded through the Community Development Block Grant (CDBG) program, which requires that funds be spent on specific project types and in specific target areas. This proposed project meets CDBG requirements. Recommendation: That the City Council: Authorize the City Manager to enter into a contract with American Asphalt South, Inc. for the Annual 2008-09 Slurry Seal Project in the amount of $140,063.50. Establish an amount of 15% of the contract amount ($21,000), as a contingency, to cover the potential cost of unforeseen site conditions. J. Del Mar Avenue Resurfacing Project - Contract Award As part of the City's Fiscal Year 2008-09 Capital Improvement Program, the City Council approved a program entitled, "Del Mar Avenue Resurfacing", which consists of asphalt concrete overlay, sidewalk repairs, traffic striping, signage installation, curb ramps construction, traffic signal upgrades and appurtenances. The limits of this project are from Garvey Avenue to Highcliff Street. Proposition C funds were allocated for this program. Recommendation: That the City Council: Authorize the City Manager to enter into a contract with Silvia Construction, Inc., for the Del Mar Resurfacing Project for the base bid amount of $254,563.40. 2. Establish an amount of 15% of the contract amount ($38,200), as a contingency, to cover the potential cost of unforeseen site conditions. 5. MATTERS FROM CITY MANAGER & STAFF A. Quarterly Interim Financial Update for the Quarter Ended March 31, 2009 The City of Rosemead Quarterly Financial Update for the Quarter Ended March 31, 2009 has been included for City Council review. Also, the Quarterly Financial Update is the treasurer's report of cash balances for the Quarter ended March 31, 2009. The treasurer's report of cash and investment balances is being presented to City Council for the first time. Recommendation: That the City Council receive and file the update report and the Treasurer's Report. Page 5 of 10 ROSEMEAD CITY COUNCIL AGENDA May 12, 2009 B. Del Mar Avenue Tree Planting Project As part of the City's Fiscal Year 2008-09 Capital Improvement Program, the City Council approved a project entitled, "Del Mar Avenue Resurfacing". The limits of the project are from Garvey Avenue to Highcliff Street. Tree planting in parkway areas on Del Mar was included to contribute to the overall efforts of beautification and urban forestation in the City. In an effort to attract the most economical bid for the tree planting portion of the project, which requires a different contractual trade than the regular resurfacing work, the project was split into two contracts: One for the tree planting work and the second for the resurfacing-related work. Subsequent to an informal competitive bid, a contract with CLS Landscape was approved by the City Manager in the amount of $21,274.55. Excavation of tree well locations including concrete cutting and concrete removal began on April 22, 2009. All cutout locations have since been backfilled with dirt to minimize potential safety concerns. Since then, work has stopped pending further direction from the City Council. Recommendation: That the City Council direct staff to: 1. Meet with residents along Del Mar Avenue to discuss the tree planting project and the 3 tree species recommended for planting; 2. Survey Del Mar Avenue residents and determine if there is a desire to move forward with tree planting; 3. Present the results of the neighborhood surveys to the City Council at its next meeting, and make a final staff recommendation. 6. MATTERS FROM MAYOR & CITY COUNCIL A. Interim City Financial Summary Council Member Ly has requested a brief overview of the City's finances. This staff report focuses on fund balances and its relation to cash and investments of the General Fund. A Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2008 is available upon request and provides a much more detailed presentation than this report; it also includes the independent auditor's opinion. For fiscal year 2007-2008 the City received an unqualified opinion from its independent auditor, Mayer Hoffman McCann P.C. As stated previously, this report will concentrate on the General Fund, the City's principal operating fund. The City also has 13 special revenue funds, including an equipment replacement fund and a technology replacement fund. Special revenue funds are legally restricted as to their use. Except for approving specific qualified uses of special revenue Page 6 of 10 ROSEMEAD CITY COUNCIL AGENDA 12, 2009 funds, City Council has fairly limited discretion as to how these funds can be used and will not be discussed in this report. There is also one capital projects fund which is used to account for capital improvements projects which are approved by the City Council on a project by project basis, they will also be exempted from discussion in this report. As of March 31, 2009 all City funds have total cash and investments of $22.3 million. Out of the $22.3 million the General Fund's portion is $15.2 million. Recommendation: That the City Council receive and file this report. Funding the IRS Penalties of the Rosemead Youth Association Council Member Armenta made a request at the City Council meeting on April 28, 2009, for staff to bring back an agenda item regarding the contribution of funds from the City to pay off the Intemal Revenue Service penalties assessed to the Rosemead Youth Association (RYA). Staff contacted the RYA Treasurer, Desiree Tuyia, and found that the RYA currently owes $9,890.43 in penalties for not filing the necessary annual financial data on time with the IRS for the years of 2004, 2005, and 2007. Recommendation: That the City Council provide direction regarding the contribution of funds to the Rosemead Youth Association. C. Request for the City to Participate in the American Cancer Society's Relay for Life Event A committee consisting of Rosemead community members, in partnership with the American Cancer Society, is coordinating Relay for Life at Rosemead High School. The event is scheduled for Saturday, June 20 through Sunday, June 21 from 9 a.m. to 9 a.m. (24 hours). Council Member Armenta has requested that the City of Rosemead participate in this year's event. Based on input and requests from members of the Relay for Life Committee, staff has looked into the costs associated with providing the Relay for Life event with equipment such as the use of the City's large stage, canopies, and booths. The cost for providing the equipment is approximately $720, and is a result of staff overtime that is necessary so that Public Services Department team members can deliver, set-up, tear- down, and retrieve the equipment. Recommendation: That the City Council authorize the donation of up to $1,000 in staff time/service to assist with the Relay for Life. Page 7 of 10 ROSEMEAD CITY COUNCIL AGENDA May 12, 2009 D. Request Regarding Cinco de Mayo and Lunar New Year Events At the City Council Meeting of April 28, Council Member Polly Low requested that staff research the possibility of developing special events in celebration of Cinco de Mayo and the Lunar (Chinese) New Year. For many years, the City celebrated Cinco de Mayo at Garvey Park. The full-day festival featured activities for all ages including music, dancing, and a variety of other live entertainment, games, attractions, and food. The event was eventually discontinued due to steadily declining attendance. The event cost approximately $7,500 (for entertainment, equipment, and supplies) in addition to staff. It was last held in 2005. Seniors in Rosemead, however, still celebrate Cinco de Mayo. Approximately 300 seniors attended this year's event at the Rosemead Community Recreation Center on Tuesday, May 5. It featured live music, dancing, and refreshments. Further, Radio station Que Buena (FM 105.5) continues to host an annual event at Whittier Narrows Regional Park which features a full-scale carnival, popular bands, dancing, and community organizations. According to the San Gabriel Valley Tribune, approximately 100,000 people attended this year's festival the weekend of May 3. This and similar fetes may have contributed to the waning interest in Rosemead's event. In 2006, the Cinco de Mayo commemoration was replaced by an International Fair at Rosemead Park. It featured multi-cultural entertainment, food, and game booths, and was held in October. It was not well attended, and was replaced by Rosemead's first-ever Oktoberfest in 2007.Oktoberfest features adult and youth stage entertainment, children's carnival, and 100 community and business booths selling food, crafts, and miscellany. Thousands attend the event, which significantly increased attendance at our annual Haunted House at Rosemead Pool as well. Oktoberfest has also served as a vehicle for fundraising in support of historic Savannah Cemetery. Rosemead seniors have celebrated Chinese New Year at Garvey Center for a number of years. The dinner, dancing, entertainment, and raffles draw 250 seniors to the annual event. As with most of our senior celebrations, the event quickly sells out. There have been no other City-sponsored efforts to celebrate the Lunar New Year. Locally, the City of Monterey Park's Business Improvement District Advisory Committee hosts a 2-day Chinese/Lunar New Year celebration. The event, in its eleventh year, is free to the public. It is located on Garvey Avenue-less than 1 mile from Rosemead's western border at Garvey and New. The 2009 festival featured a "Kids Zone," carnival rides, "Cultural Zone," dumpling cook-off, talent/Karaoke contest, live entertainment featuring traditional performances, and 120 community organization, vendor, and business booths. The event is supported by more than 100 sponsors, and was attended by Page 8 of 10 ROSEMEAD CITY COUNCIL AGENDA 12, 2009 approximately 70,000 regional residents. It is coordinated with the assistance of a specialized professional event producer and costs in excess of $100,000 (including $20,000 in BIDAC funding, sponsorships, and booth sales and other event revenues). The event is financially self-sustaining. Similar festivals are also held in Alhambra, Los Angeles, and Rowland Heights. Given the brief window for such celebrations, these could limit Rosemead's access to vendors, entertainment, and participants. While we have yet to host a city-wide Lunar New Year celebration, the Parks and Recreation Department can develop a smaller scale event that is distinctly Rosemead. It would include traditional entertainment, games, attractions, and food and Rosemead Park would serve as the venue. Recommendation: That the City Council vote against the development of a Cinco de Mayo event due to demonstrated community disinterest, but vote for the creation of a special event in celebration of the Lunar New Year as one has never been hosted in Rosemead. E. Consideration of Contract for City Manager/Interim City Manager Services The City Council is scheduled to conduct interviews in closed session with candidates for the position of Interim City Manager on May 9, 2009. The identity of the person selected to serve as Interim City Manager or City Manager, if any, will not be known until after the completion of the interview process. If the City Council selects a candidate, and if the Council is able to agree to terms on an interim employment agreement with a candidate (other than compensation, which must be discussed in open session), the item will be considered formally by the City Council on May 12, 2009. If an Interim City Manager Services Agreement is prepared for consideration on the May 12, 2009 City Council agenda, a copy will be made available to the public at the same time it is available to the City Council. 7. CLOSED SESSION A. Conference with Legal Counsel --Existing Litigation Government Code 54956.9 (a): 1) Randy Haro et. al v. City of Rosemead 2) Tran v. Armenta, Molleda, Logan (the County Registrar of Voters) and the City of Rosemead B. Conference with Legal Counsel--Anticipated Litigation Initiation of litigation pursuant to Government Code 54956.9(c)--1 matter. Page 9 of 10 ROSEMEAD CITY COUNCIL AGENDA 8. ADJOURNMENT 12, 2009 The next regular City Council meeting is scheduled to take place on May 26, 2009 at 7:00 p.m. Page 10 of 10