CC - Agenda 03-25-08•
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pursuant to RMC Sec. 1.08.020
Rosemead
City Council
AGENDA
March 25, 2008
7:00 PM
Rosemead Community Recreation Center
3936 N. Muscatel Avenue, Rosemead, California 91770
John Tran, Mayor
John Nunez, Mayor Pro Tem
Margaret Clark, Councilmember
Polly Low, Councilmember
Gary Taylor, Councilmember
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ROSEMEAD CITY COUNCIL AGENDA
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March 25, 2008
• CALL TO ORDER-7:00 PM
• PLEDGE OF ALLEGIANCE - Mayor Pro Tern Nunez
• INVOCATION - Mayor Tran
• ROLL CALL - Councilmembers Clark, Low, Taylor, Mayor Pro Tern Nunez, Mayor Tran
1. CLOSED SESSION
A. Conference with Labor Negotiator
The City Council will recess to a closed session pursuant to Government Code Section
54957.6. Labor Negotiations
Negotiator for the City: Oliver Chi, Matt Hawkesworth, and Brian Saeki.
Employee Unit: Rosemead Employee Association
B. Conference with Legal Counsel
Government Code 54956.9(c): Potential Litigation
2. Government Code 54956.9(c): Existing Litigation - James Irvine Flournoy v.
Building Official of the City of Rosemead, Mayor and City Council of Rosemead,
and elected body, Rosemead Community Redevelopment Agency, Willdan and
Associates, Arroyo Geotechnical, Wells Fargo Bank N.A., Panda Restaurant
Group
2. PRESENTATION
A. Proclamation - Safe Communities Month
B. Vietnamese Culture House Presentation to the City - In Appreciation of the Rosemead's
Partnership to Display the Vietnamese Freedom Boat
C. Recognition of Service - Mayor John Tran
3. CITY COUNCIL REORGANIZATION
This is the time for the Council to reorganize by appointing a Mayor and Mayor Pro Tem, respectively.
A. Appointment of Mayor - City Clerk Presiding
B. Appointment of Mayor Pro Tern - Newly appointed Mayor Presiding
C. Mayor's Committee Appointments for 2008-2009
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ROSEMEAD CITY COUNCIL AGENDA
4. PUBLIC COMMENT FROM THE AUDIENCE
5. CONSENT CALENDAR
A. Minutes
January 22, 2008 - Regular Meeting
February 12, 2008 - Regular Meeting
B. Resolution No. 2008.17 Claims and Demands
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March 25, 2008
Recommendation: Adopt Resolution No. 2008 -17, for payment of City expenditures in
the amount of $1,016,550.91 numbered 59115 through 59153 and 61868 through 61984.
C. Resolution No. 2008-20 Claims and Demands
Recommendation: Adopt Resolution No. 2008 - 20, for payment of City expenditures in
the amount of $2,816,612.82 numbered 59154 through 59197 and 61985 through 62123.
D. Authorization to Attend the Government Finance Officer's Association (GFOA) 2008
Annual Conference June 15-18, 2008
The 2008 GFOA annual conference will include training from the following categories:
Accounting, Auditing and Financial Reporting, Budgeting and Financial Planning, Cash
Management and Investing, Debt Management and Policy, Pension and Benefits as well
as Technology and Digital Government.
Recommendation: That the City Council authorize attendance at the GFOA annual
conference by the Finance Director and the Finance Manger.
E. Approval of Extension to License Agreement with the Rosemead Youth Association
for the Use of the Garvey Park Snack Bar
On January 22, 2008, City Council approved a License Agreement with Rosemead Youth
Association (RYA) for use of the Garvey Park Snack Bar from February 1, 2008 through
August 1, 2008, as a means of fundraising for the league. RYA is now requesting an
extension of that agreement for the period of July 2, 2008 through September 30, 2008.
Recommendation: That the City Council approve the extension for Rosemead Youth
Association to operate the Snack Bar at Garvey Park for the requested term and the Mayor
be authorized to execute the attached License Agreement.
Applicant Request for Extended Use of Garvey Center
An applicant has requested the use of Garvey Center for a private function until midnight
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ROSEMEAD CITY COUNCIL AGENDA March 25, 2008
on May 31, 2008.
Recommendation: That the City Council approve the extended use until midnight with all
music to cease by 11:00 p.m.
G. Acceptance of Installation of Traffic Signals at Del Mar Avenue add Highcliff Avenue
and at Graves Avenue and Jackson Avenue
The reference 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 referenced 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.
Release of Bond - Tract Map 62269
7931-7945 Whitmore Street
A Faithful Performance Bond of $55,000 and a Labor and Material Bond of $27,500 were
required to guarantee construction of street, storm drain, and sewer improvements for
Tract Map 62269.
Recommendation: That the City Council accept the public improvements and release the
Bonds.
Release of Bond - Tract Map 26259
8925-29 Beatrice Place
A Faithful Performance Bond and a Labor and Material Bond in an amount of $5,600 and
$2,800, respectively, were required to guarantee construction of new driveway
approaches, curb and gutter, sidewalk, AC pavement, and sewer laterals for Tract Map
26259.
Recommendation: That the City Council accept the public improvements and release the
Bonds.
Approval of Undertaking Agreement for Parcel Map 69105
7617 Graves Avenue
In accordance with the Conditions of Approval for Tentative Parcel Map No. 69105
approved by the Rosemead Planning Commission on August 6, 2007, the subdivider is
required to construct a new driveway approach, a sewer lateral, parkway drains and plan a
parkway tree prior to recordation of the final map. The undertaking agreement guarantees
completion of the public improvements.
Recommendation: That the City Council approve the Undertaking Agreement for the
completion of public improvements.
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ROSEMEAD CITY COUNCIL AGENDA
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March 25, 2008
K. ICMA Deferred Compensation 401 (a) Program
The City currently offers an employer funded deferred compensation program as part of
the Memorandum of Understanding (MOU) that was approved for the fiscal year 2007-
2008, however, the City does not currently have a deferred compensation plan for such
contributions. The approval of a 401 (a) plan would allow for such contributions without
affecting each employee's ability to voluntarily contribute to the existing 457 plan.
Recommendation: That the City Council adopt Resolution No. 2008-16 implementing an
ICMA 401 (a) Retirement Plan, approve the Administrative Services Agreement with ICMA,
and authorize the City Manager to execute any additional documents involved with the
plan implementation.
Virginia Street Storm Drain Miscellaneous Transfer Drain No. 1752; Strom Drain
Transfer to Los Angeles County for Maintenance - Resolution No. 2008-19
Presented for Council's consideration is a resolution to transfer Miscellaneous Transfer
Drain (MTD) No. 1752 (Virginia Street, from Virginia Street east end to Strathmore Avenue;
Strathmore Avenue to Garvey Avenue) to Los Angeles County Flood Control District for
operation and maintenance.
Recommendation: That the City Council adopt Resolution No. 2008-19 requesting the
Los Angeles County Board of Supervisor to accept the transfer of MTD 1752 for operation
and maintenance, and authorize the transfer and conveyance of the drain.
M. Legislative Position Against AB 2640
Greg Nordbak of Consolidated Disposal Service requested the City's formal opposition to
Assembly Bill 2640. Currently legislation enables cities to promote green waste programs
and receive diversion credits. AB 2640 would end diversion credits for recycled green
waste.
Recommendation: That the City Council authorize staff to send a letter to local
legislators expressing our opposition to AB 2640.
6. MATTERS FROM CITY MANAGER & STAFF
A. Community Development Block Grant Annual Action Plan for Fiscal Year 2008-09
On February 12, 2008, the City Council conducted a public hearing on the City's Annual
Action Plan for the period of July 1, 2008 - June 30, 2009. 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.
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ROSEMEAD CITY COUNCIL AGENDA
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March 25, 2008
Five organizations (Family Counseling Services, People for People, Rosemead High
School, Rosemead School District, and Southern California Housing Rights Center) made
presentations at the public hearing. One other organization, Morrison Health Care (Senior
Nutrition Provider), submitted a funding request and was scheduled to have a
representative present, however was unable to attend.
A summary of staff-endorsed projects has now been prepared based on the funding
requests and ongoing CDBG and HOME funded activities.
Recommendation: That the City Council review and finalize its CDBG and HOME
funding recommendations under the City's Annual Action Plan for the Fiscal Year 2008-09.
B. Garvey Avenue Resurfacing Project
The City's Pavement Management System study shows that Garvey Avenue from the west
city limit to San Gabriel Boulevard is in need of resurfacing. The Engineer's estimated cost
for the construction of the project including construction management is approximately
$910,000. The cost for the preparation of the plans and specifications for the project is
approximately $60,000.
Recommendation: That the City Council approve an amendment to the FY 2007-2008
CIP Program to include the Garvey Avenue Resurfacing Project and adopt Resolution No.
2008-18 appropriating the necessary funds to construct the project.
C. Award of Contract for City Transit Services
On November 20, 2007, the City Council approved specifications for transportation
services and authorized staff to solicit bids from seven qualified transit service providers.
As part of the new contract award, the selected vendor will provide the City with new
vehicles for transit services, the ability to provide alternative fuels and reduce vehicle
emissions, improved marketing and outreach, and access to new technologies in the
transit services industry. The proposed contract will begin on September 1, 2008.
Recommendation: That the City Council approve the terms and award a four year ten
month agreement with Southland Transit, Inc., through June 30, 2013 to provide transit
services in the City of Rosemead.
D. City Council Chambers Renovation - Funding Amendment
On January 12, 2008, the City Council approved a construction contract with Caltech
Construction for renovating the Council Chambers. As approved by general counsel, the
entire project was budgeted in the Rosemead Community Development Commission's
(RCDC) Special Projects budget using tax exempt bond funds as the funding source.
However, bond counsel recently advised that use of bond funds for City Hall renovations is
not allowable. Therefore, it is necessary to shift some of the costs of renovation from
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ROSEMEAD CITY COUNCIL AGENDA
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March 25, 2008
RCDC to the City. Resolution No. 2008-21 authorizes an appropriation increase in the
General Fund for renovations to Council Chambers.
Recommendation: That the City Council accept the early repayment of $433,000 from
RCDC and approve Resolution No. 2008-21 appropriating $433,000 in the General Fund.
7. MATTERS FROM MAYOR CITY COUNCIL
A. Request for Information Regarding City Attorney Bills
Councilmember Taylor has requested that the City Council engage in discussion regarding
the City Attorney's bills and billing practices. In addition to that request, Councilmember
Taylor has specifically asked the City Council to consider the following matters;
The time frame in which the City Attorney submits bills for payment to the City.
Disclosure of billing practices to the City Council as it relates to the Grand Jury
Referral case.
B. Request for Personnel Handbook Verification Audit
Councilmember Taylor has requested that staff engage in an audit of City team member
personnel files in an effort to put together a listing of each team member name and the
date that they signed the receipt indicating their acceptance of the City's personnel
handbook.
Recommendation: That the City Council provide direction regarding Councilmember
Taylor's request for the audit.
C. Consideration of State of the City Clarification Letter
Mayor Tran has requested that the City Council consider directing staff to send a letter to
all residents clarifying that the Rosemead Partners event held on March 19th, which was
marketed as "Rosemead's Inaugural State of the City Address", was not an official City
sponsored event.
In addition, Mayor Tran has submitted documents distributed by Rosemead Partners
regarding the event for the City Council to consider when discussing this issue. As part of
this discussion, Mayor Tran also would like the City Council to consider partnering with the
Chamber of Commerce to host an official Rosemead State of the City Address.
8. ADJOURNMENT
The next regular City Council meeting is scheduled to take place on April 8, 2008 at 7:00
pm.
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