CC - Agenda 06-09-09Public Comment from the Audience
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Rosemead
City Council
AGENDA
June 9, 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
June 9, 2009
• CALL TO ORDER - 7:00 PM
• PLEDGE OF ALLEGIANCE- Mayor Clark
• INVOCATION -Mayor Pro Tem Taylor
• ROLL CALL - Mayor Clark, Mayor Pro Tern Taylor, Council Members Armenta, Low, Ly
1. PRESENTATION
A. Proclamation - Jim Zant
B. Planning Commissioners Presentations
1. Daniel Lopez
2. Todd Kunioka
3. Truong Cam
4. Ron Gay
5. Allan Vuu
2. PUBLIC COMMENT FROM THE AUDIENCE
3. PUBLIC HEARING
A. Consideration of the Imposition of Rubbish Liens
Pursuant to the contract between the City of Rosemead and Consolidated Disposal Services,
a Public Hearing has been scheduled to consider protests regarding the imposition of liens
on real property from those customers who are delinquent in paying their trash collection bill.
Recommendation: That the City Council direct staff to place liens on those properties
whose owners have not paid their trash collection bill in full by 6:00 p.m. on June 29, 2009.
4. CONSENT CALENDAR
A. Minutes
March 24, 2009 - Special Meeting
March 26, 2009 - Special Meeting
May 9, 2009 - Special Meeting
May 12, 2009-Special Meeting
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ROSEMEAD CITY COUNCIL AGENDA
June 9, 2009
B. Resolution No. 2009.27 Claims and Demands
Recommendation: Adopt Resolution No. 2009-27, for payment of City expenditures in the
amount of $544,923.50 numbered 100345 through 100371 and 66206 through 66320.
C. Acceptance of Traffic Signal Improvements on Del Mar Avenue and Graves Avenue
The referenced project has been constructed in conformance with the approved plans and
specifications and is ready for acceptance of work.
Recommendation: That the City Council accept the above reference project, authorize the
recordation of Notice of Completion by the City Clerk; and authorize the release of the 10
percent retention payment 35 days after the recorded date of the Notice of Completion.
D. Release of Certificate of Deposit - Tract Map 61523 (8930 Mission Drive)
A Faithful Performance Bond and a Labor and Material Bond were required to guarantee
construction of new sewer laterals and installation of survey monuments for Tract Map
61523. In lieu of bonds, a Certificate of Deposit was issued to the City in the amount of
$25,760.00.
Recommendation: That the City Council accept the public improvements and survey
monuments and authorize the release of the Certificate of Deposit including interest.
E. Del Mar Avenue Tree Planting Project- Highcliff Street to Graves Avenue
On May 26, 2009, the City Council authorized staff to complete a tree planting project in
conjunction with street resurfacing improvements on Del Mar Avenue, from Garvey Avenue
to Highcliff Street. At this meeting, Mayor Pro Tern Taylor asked staff to look into the
feasibility of continuing the tree planting project on Del Mar Avenue from Highcliff Street to
Graves Avenue.
After surveying the parkway areas on Del Mar from Highcliff to Graves, staff determined that
there are 14 available locations to plant trees. On June 1 and 2, staff conducted a survey of
Del Mar Avenue residents to gauge interest in planting street trees. The results of this
survey indicated that out of 7 survey participants, 4 participants expressed an interest to
continue with the tree planting project. Staff was unable to make contact with residents at 3
properties (2 properties appear vacant). Based on these survey results, staff is
recommending that trees be planted at locations approved by property owners and residents.
The total cost for this work is $6,565.14, including a 90-day maintenance period. There is
adequate funding in the street maintenance cost center (Gas Tax Funds) to fund this project.
Recommendation: That the City Council authorize tree planting at locations approved by
residents and authorize the City Manager to execute a contract to complete the work.
Page 3 of 9
ROSEMEAD CITY COUNCIL AGENDA
June 9, 2009
Contract Extension with Clean Street to Provide Street Sweeping Services
The City of Rosemead provides street sweeping services through a contractual agreement
with Clean Street. The agreement includes performance standards including service levels,
diversion requirements, equipment standards, and reporting requirements. Per the
agreement, all City streets are swept at least once weekly, Monday through Friday.
The City's current street sweeping service agreement with Clean Street expires on June 30,
2009. In accordance with this agreement, the City and Clean Street may mutually agree to
extend the term of this agreement. Staff has discussed extending the agreement with Clean
Street officials and they are willing to do so under existing contract terms and conditions.
Recommendation: That the City Council:
1. Authorize the City Manager to execute a six-month contract extension with
Clean Street to provide time to complete a request for proposal process;
and
2. Direct staff to prepare a request for proposal for street sweeping services.
G. Re-Adopting of FY 2009.10 City Investment Policy
The City's Investment Policy (Policy) requires the City Council to re-adopt the City's Policy at
least annually. Staff has reviewed the Policy for continued compliance with Government
Code Section 53601 and there is no need fro any changes.
Recommendation: That the City Council approve the Investment Policy for the 2009-10
fiscal year.
Statement of Fiscal Hardship if State Elects to Borrow City Property Taxes and
Approve Unfunded Mandates
On May 5m the Department of Finance announced it had proposed to the Governor that the
state "borrow" over $2 billion in local property taxes from cities, counties, and special districts
to balance the state budget, causing deeper cuts in local public safety and other vital service.
In order to start that process, the Governor would have to issue a proclamation declaring the
existence of a "severe fiscal hardship". The legislature would then have to implement the
"borrowing" program by passing urgency legislation (2l3 vote) which identifies how the "loan"
will be repaid with interest.
The League of California Cities has developed a draft resolution, to be modified by member
cities and sent to their legislators and the Governor, finding that a fiscal hardship will exist if
this proposed state property tax raid is added to the pressures of the ongoing property tax
losses and the serious revenue losses due to the economic recession.
Recommendation: That the City Council approve Resolution No. 2009-28 and direct the
City Clerk to send copies of the resolution to the City's legislators, the Governor and the
League of California Cities.
Page 4 of 9
ROSEMEAD CITY COUNCIL AGENDA
June 9, 2009
2009 Justice Assistance Grant Program Applications
On February 17, 2009, President Obama signed into law the landmark American Recovery
and Reinvestment Act of 2009. As one of its many elements, the Recovery Act has provided
the U.S. Department of Justice with grant funding that is currently being distributed under the
Edward Byrne Memorial Justice Assistance Grant (JAG) Program. JAG blends the previous
Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide
agencies with the flexibility to prioritize and place justice funds where they are most needed.
These funds allow states and local government to support a broad range of activities to
prevent and control crime and to improve the criminal justice system.
Pursuit of these funds requirements all potential recipients in the Los Angeles County to file a
joint application and sign a Memorandum of Understanding with the City of Los Angeles in
order for any of the recipients to receive these funds.
Recommendation: That the City Council authorize the City Manager to sign the
Memorandum of Understanding (MOU) and all other required contracts and certificates in
order to participate in the 2009 Justice Assistance Grant Program.
J. Interim Budget Amendments
From time to time, as new revenues are received and when changing circumstances
warrant, it becomes necessary to amend the budget. Resolution No. 2009-29 amends the
budget with $929,300.00 of new General Fund appropriations. The appropriations are
funded with $264,560.00 of new estimated revenue and $664,740.00 is funded by
unreserved fund balance. There is also a funding shift of $350,000.00 from the Proposition
A fund to the Proposition C fund for public transportation services.
Recommendation: That the City Council adopt Resolution No. 2009-29.
K. Re-Certification of the General Municipal Election Held March 3, 2009 and Declaring
the New Results
The Los Angeles Superior Court entered their final judgment in the matter of Tran v.
Armenta, Molleda, Logan (the County Registrar of Voters) and the City of Rosemead. In this
judgment the Court has ordered the City Clerk to certify the March 3, 2009 General Municipal
Election results, once again, to reflect the new canvass totals.
Recommendation: That the City Council receive and file the new Certification of Canvass
for the March 3, 2009 General Municipal Election.
Page 5 of 9
ROSEMEAD CITY COUNCIL AGENDA
June 9, 2009
5. MATTERS FROM CITY MANAGER & STAFF
A. SR-60 Coalition MOU for the Gold Line Eastside Transit Cooridor Phase 2, Alternate 1
The Gold Line Eastside extension, which is under construction from Union Station to
Pomona Boulevard and Atlantic Boulevard in East Los Angeles, is scheduled to be
completed in mid 2009. The Metropolitan Transit Authority (Metro) is currently studying four
alternatives to extend the Gold Line, in addition to a no build alternative. Alternative 1 (SR-
60), follows the southern edge of the SR-60 freeway, and traverses through Rosemead,
Montebello, El Monte, and South El Monte. This route would bring light rail transportation to
our community.
In May of 2008, City Council directed staff to continue to work with Metro regarding SR-60.
In February 2009, the City Council also passed a resolution in support of the SR-60 route.
Since that time, several meetings have taken place with staff from the above cities to
combine efforts to lobby for SR-60. As a result, the SR-60 Gold Line Extension Coalition is
in the process of being formed and formalized through the an MOU. Additionally, one of the
founding members of the coalition initiated hiring a lobbying consultant on behalf of the
coalition.
Recommendation: That the City Council approve the MOU and the Reimbursement
Agreement for the lobbying consultant.
B. Citizens' Option for Public Safety (COPS) Grant
The 2008 Budget Act provides $214.2 million in General Fund money in 2008-09 to eligible
local jurisdictions, as defined, for public safety purposes. Of this amount, $107.1 million is
allocated to the Citizens Option for Public Safety (COPS) program. The City of Rosemead
has participated in the COPS program for the past several years budgeting and expending
the funds for a motorcycle traffic enforcement deputy and special event overtime. This grant
requires that these funds be earmarked for only frontline police services.
This fiscal year 2008-09, the City has been allocated $100,000.00 for the COPS program.
To date, the City has received $50,000.00 with the remaining $50,000.00 expected by the
end of June. The administration of these funds requires that this item be placed on the City
Council agenda and provide the opportunity for public input and discussion. The City
Council must then approve the allocation and expenditure of these funds.
Therefore, for fiscal year 2008-09 we are recommending that these funds be budgeted and
expended to offset he costs for a motorcycle traffic enforcement deputy and special event
overtime. Captain Richard Shaw, Temple Station Commander has provided a letter of
approval and support with respect to the use of these 2008-09 COPS grant funds.
Recommendation: That the City Council approve the appropriation of the COPS funds for
fiscal year 2008-09.
Page 6 of 9
ROSEMEAD CITY COUNCIL AGENDA
June 9, 2009
C. One Year Extension of Sheriff Contract and Approval of the Tolling Agreement
The current contract with the Los Angeles County Sherriffs Department is set to expire on
June 30, 2009. Due to ongoing discussion between the California Contract Cities
Association (CCCA) on behalf of their member cities and the County regarding the use of
Liability Trust Fund money to pay for a settlement in a legal dispute, the CCCA is
recommending that a one-year extension be approved rather than the normal five-year
contract extension. It appears that most if not all of the 40 contract cities will be approving
this one-year extension until an agreement can be reached.
Along with the contract extension, a separate tolling agreement has been developed and
signed by the CCCA along with its members who contract with the Los Angeles County
Sheriff's Department. CCCA has asked that all contract cities also adopt the tolling
agreement as it is directly related to the dispute regarding the Liability Trust Fund
Recommendation: That the City Council take two actions:
Approve the amendment of the agreement with the Los Angeles County
Sheriff's Department and authorize the City Manager to sign any related
documents.
2. Approve the tolling agreement between California Contract Cities
Association, its members and the County of Los Angeles.
6. MATTERS FROM MAYOR & CITY COUNCIL
A. Planning Commissioner Terms of Office
As the Council is aware, all of the Planning Commission terms currently expire at the same
time. In order to correct this and return to staggered terms, the Municipal Code must be
amended. Staff has conferred with the City Attorney and has prepared an Ordinance which
will re-establish staggered terms for the Planning Commission. The City Council will need to
randomly select two of the recent appointees that will serve only one year terms.
Recommendation: That the City Council adopt Ordinance 875 authorizing the amendment
to Section 2.28.020 of the Rosemead Municipal Code.
Funding the IRS Penalties of the Rosemead Youth Association
On May 12, 2009, staff brought a request to the City Council to assist the Rosemead Youth
Association (RYA) in the payment of penalties that had been levied by the Internal Revenue
Service (IRS) totaling $9,890.43. During discussion at the meeting the Council directed staff
to work with the RYA and their accountant to determine if in fact the penalties could be
reduced or waived. It was believed at the time that if the City paid these penalties, the IRS
might be less willing to reduce or waive them when the appeal was received.
Page 7 of 9
ROSEMEAD CITY COUNCIL AGENDA
June 9. 2009
Since the original direction was provided staff has been working with the RYA and their
accountant and have determined that it is in the best interest in the RYA to pay off the
penalties as soon as possible. The RYA President, Jerry Faustino, has been in contact with
the IRS Agent assigned to their account and has been assured that if the penalties are paid
off, it will not affect the appeal process regarding the reduction or waiving of fees. He was
told that if in fact the fees were reduced, the IRS would refund any payments that had been
made. Secondly, the outstanding balance for the penalties is accruing additional interest
penalties at the rate of 22%. While the RYA is making monthly payments of $500 per month,
the added interest is consuming a lot of their payment.
Lastly, the IRS has the ability to automatically withdraw funds from the RYA's bank account
which is making it difficult for the RYA to collect funds to start the season. It is very realistic
that any league fees for the upcoming season or funds generated by the fireworks booth to
help pay for the upcoming season could be taken by the IRS for the payment of outstanding
penalties.
The RYA Treasurer has contacted the IRS and has obtained a new payoff statement that is
valid through July 2, 2009. Their current outstanding balance is as follows:
Tax Year Amount
2004 $2,927.11
2005 $2,185.77
2007 $3,807.93
$8,920.81
C.
Recommendation' That the City Council provide direction regarding the contribution of
funds to the Rosemead Youth Association.
Payment of Legal Costs for Council Member Armenta
Council Member Armenta has requested the City consider paying for her defense costs
related to the legal challenge that was made by John Tran in contest of the March election.
In conferring with the City Attorney, California Government Code Section 36812.5 provides in
relevant part that "A city may defend any person elected to the city council in any election
contest instituted for any of the causes set forth in subdivisions (a), (d), or (e) of section
16100 of the Election Code". Elections Code Section 16100(e) includes a challenge to an
election based upon an allegation "that the precinct board in conducting the election or in
canvassing the returns, made errors sufficient to change the result of the election as to any
person who has been declared elected". The Complain in the Tran v. Armenta suit clearly
falls within the scope of 36812.5 and 16100(e) and due to the fact that Council Member
Armenta's interests in the case were different from and potentially in conflict with those of the
City and City Clerk, it is appropriate that she was represented by a firm other than Burke,
Williams & Sorensen, LLP. The City Attorney has also made the recommendation that if
legal fees are to be paid by the City, that they be paid directly to the attorney representing
Council Member Armenta.
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ROSEMEAD CITY COUNCIL AGENDA June 9, 2009
Recommendation: That the City Council provide direction regarding the payment of legal
fees for Council Member Armenta in the Tran v. Armenta case.
7. ADJOURNMENT
The next regular City Council meeting is scheduled to take place on June 23, 2009 at 7:00
p.m.
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