CC - Agenda 08-28-07Public 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 governing 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.
Rosemead
City Council
AGENDA
August 28, 2007
7:00 PM
City Hall Council Chambers
8838 E. Valley Boulevard, Rosemead, California 91770
John Tran, Mayor
John Nunez, Mayor Pro Tem
Margaret Clark, Councilmember
Polly Low, Councilmember
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
Gary Taylor, Councilmember
•
ROSEMEAD CITY COUNCIL AGENDA
28, 2007
• CALL TO ORDER - 7:00 PM
• PLEDGE OF ALLEGIANCE - Councilmember Clark
• INVOCATION - Councilmember Low
• ROLL CALL - Councilmembers Clark, Low, Taylor, Mayor Pro Tern Nur ez, Mayor Tran
1. PRESENTATION
A. Public Safety Services Department Overview
in December of 2006, the City began the process of coordinating the new Public Safety
Service Department in an effort to consolidate vital City functions under the direction of
one Department Head level position. That effort has resulted in the revamping of the
public safety center which is now home to the City's code enforcement, parking
enforcement, graffiti abatement, animal control, and law enforcement services.
Over the past several months, the newly constituted department has made an extremely
significant, noticeable, and positive impact on graffiti vandalism, dirty bus stops, discarded
bulky items & shopping carts, and transients loitering on City sidewalks and bus benches.
The department also identified and has begun addressing issues related to nuisance dog
problems and underperforming law enforcement positions.
Recommendation: That the City Council receive and file this report.
Sexual Offender Report - Oral presentation from Los Angeles County Sheriffs
Department.
2. PUBLIC COMMENT FROM THE AUDIENCE
3. CONSENT CALENDAR
A. Resolution No. 2007.31 Claims and Demands
Recommendation: Adopt Resolution No. 2007-31, for payment of City expenditures in
the amount of $375,136.59 demands 60201 through 60239.
Resolution No. 2007-32 Claims and Demands
Recommendation: Adopt Resolution No. 2007-32, for payment of City expenditures in
the amount of $1,538,767.51 demands 58528 through 58596, 60240 through 60401.
B. Minutes
May 8, 2007 - Regular Meeting
May 14, 2007 - Special (Planning Commission Selections)
June 12, 2007 - Special Meeting
July 17, 2007 - Special Meeting
August 14, 2007 - Special Meeting
Page 2 of 7
• •
ROSEMEAD CITY COUNCIL AGENDA August 28, 2007
Property Maintenance Ordinance
Currently, the City enforces property maintenance related issues with the use of Title 17 of
the Zoning Code. However, that code section does not fully define and effectively provide
the tools necessary to properly enforce property maintenance violations, With the aging of
properties and the apparent increase in absentee property owners, there is now a need for
a comprehensive property maintenance ordinance.
Recommendation: That the City Council hold the noticed public hearing, receive public
comment, receive City Council input, and introduce Ordinance No. 854.
D. Authority to Issue Citations
The City Council must reference and authorize the staff members who are able to issue
parking and notice to appear citations per Rosemead Municipal Code section 1.04.050.
In an effort to enhance the effectiveness of the City's public safety services department
staff, it is being recommended that the City Council acknowledge and authorize the Public
Safety Services Director, Supervisor, Community Service Officers, Parking Control
Officers, and Code Enforcement Officers to issue parking and notice to appear citations.
Prior to issuing any Parking or Notice to Appear citations, all employees would be properly
trained and certified with respect to all applicable state laws. This authority to issue
citations is a valuable tool for the Public Safety Department.
Recommendation: That the City Council approve Resolution 2007-35 granting Public
Safety Services Department staff members the authority to issue citations.
Release of Bond- Parcel Map 27012; 9512 Valley Boulevard
A Faithful Performance Bond and a Labor and Material Bond were required to guarantee
construction of new curb and gutter, sidewalk, driveways, parkway drains and survey
monuments for Parcel Map 27012. In lieu of bonds, a Certificate of Deposit was issued to
the City in the amount of $32,700.
Recommendation: That the City Council accept the public improvements and release the
Certificate of Deposit.
Release of Bond - Parcel Map 62810; 3209 Burton Avenue
A Faithful Performance Bond and a Labor and Material Bond was required to guarantee
construction of new driveways, curb and gutter, sidewalk, and sewer laterals, catch basin
relocation, and installation of survey monuments for Parcel Map 62810. In lieu of bonds, a
Cash Deposit was issued to the City in the amount of $60,000.
Page 3 of 7
ROSEMEAD CITY COUNCIL AGENDA
•
28, 2007
Recommendation: That the City Council accept the public improvements and survey
monuments and refund the Cash Deposit including interest.
G. Resolution No. 2007-33 - Approval of Supplement Agreement No. 006-M1 to
Administering Agency-State Master Agreement No. 07-5358
Caltrans has obligated Federal Highway Bridge Rehabilitation and Replacement (HBRR)
Program funds that are being utilized for the reconstruction of Garvey Bridge over the Rio
Hondo Channel. The City Engineer's office, in working with Caltrans, was able to secure
an additional $2,997,376 in HBRR funds. This raises the total amount of the Federal grant
for the project to $10,581,216, thereby reducing the City's share of the construction costs
to approximately $1,500,000. Caltrans requires that Program Supplement Agreement No.
006-M 1 be approved and executed prior to payment of the Federal funds to the City.
Recommendation: That the City Council adopt Resolution No. 2007-33 approving
Supplement Agreement No. 006-M1, and authorize the Mayor and City Clerk to execute
the agreement.
Ratify Appointment of Traffic Commissioners and Planning Commissioners
The City Council interviewed candidates for the Traffic Commission on May 8, 2007.
Following the interviews, the Council announced the appointment of three commissioners:
Holly Knapp, Ronald Gay, and Janet Chin.
Interviews for new Planning Commissioners were held on May 14, 2007. The City Council
appointed five commissioners as a result of those interviews: Allan K. Vuu, Larry
Bevington, Daniel Lopez, Todd Kunioka, and Truong Cam.
Based on the City's Municipal Code, Section 2.28.020 Members-Terms-Vacancies
(Planning Commission), members of the Planning Commission shall have a term of office
of two years, from the date of appointment. Section 2.32,040 Term - (Traffic
Commission), voting members of the Traffic Commission shall serve for terms of two
years.
These appointments need to be ratified in an open meeting of the City Council.
Recommendation: That the City Council appoint the following three individuals to the
Traffic Commission for two year terms effective May 8, 2007: Holly Knapp, Ronald Gay,
and Janet Chin, and the following five individuals to the Planning Commission for two year
terms effective May 14, 2007: Allan K. Vuu, Larry Bevington, Daniel Lopez, Todd Kunioka,
and Truong Cam.
Senate Bill 964
On April 24, 2007, the City Council voted to oppose Senate Bill 964. At the time, the
measure proposed to make changes to the Brown Act to prohibit any staff member -
including the City Manager and the City Attorney - from having serial communications with
Page 4 of 7
• •
ROSEMEAD CITY COUNCIL AGENDA August 28, 2007
any member of the City Council.
Since that time, the League of California Cities (League) has worked with the author of the
legislation to make significant modifications and enhancements to the proposed bill. After
a series of amendments, the bill now seeks to prohibit a majority of the members of a
legislative body from using a series of communications of any kind, directly or through
intermediaries, to discuss, deliberate or take action on any item of business that is required
by the Ralph M. Brown Act (Brown Act) to be conducted in public.
Based on these modifications, the League withdrew their "oppose" position to the measure
and instead offered an official position of neutral.
Recommendation: That the City Council vote to reverse its initial position on SB 964 and
taken an official position of "support" for the measure.
J. California Contract Cities Association - 27th Annual Fall Seminar
September 28.30, 2007 - Riverside
Recommendation: That the City Council authorize the attendance at City expense, any
Councilmember, the City Attorney, the City Manager and staff designee.
4. MATTERS FROM MAYOR & CITY COUNCIL
A. Construction Management Firm
On June 26, 2007, the City Council directed the City Attorney to prepare and distribute an
RFQ in search of a new construction management firm. Based on that direction, the City
Attorney drafted and sent out such a document and the City received responses from the
following two firms: (ACS Group and Del Terra.)
On August 14, 2007, the City Council requested that interviews and possible selection of a
firm be placed on the agenda of our August 28, 2007 meeting.
Recommendation: That the City Council interview both firms and provide additional
direction.
5. MATTERS FROM CITY MANAGER & STAFF
A. Procedures for Preparation of Agendas
On several occasions, City Council members and staff have made inquiries and/or
questioned the current procedure for constructing agendas in advance of a City Council
meeting. The proposed ordinance is meant to address these concerns.
Recommendation: That the City Council hold the noticed public hearing, receive public
comment, receive City Council input, and introduce Ordinance No. 855.
Page 5 of 7
• •
ROSEMEAD CITY COUNCIL AGENDA August 28, 2007
Approval of New Legal Counsel Agreements
On April 3, 2007, the City Council hired "Bonny" Garcia of Garcia, Calderon, and Ruiz
(GCR) to serve as Rosemead's official legal counsel. Later, on May 8, 2007, the City
Council approved a contract agreement with GCR to perform legal counsel services for the
City.
At the August 14, 2007 Community Development Commission (CDC) meeting, Burke,
Williams, & Sorensen (BWS) was hired to serve as both General Counsel to the
Commission and also to provide legal services with respect to matters concerning land
use, housing, and economic development. Furthermore, the Commission directed staff to
negotiate a retainer agreement for BWS to provide such services.
In addition, at the August 14, 2007 City Council meeting, staff was directed to negotiate a
new retainer agreement with GCR to provide legal counsel services for the City.
Recommendation: That the City Council take the following action:
• Terminate the existing agreement for City Attorney services with GCR and
approve the new proposed agreement for City Attorney services with GCR.
Approve the agreement for Special Legal Services with BWS.
C. Transition to CalPERS Health Insurance
On June 12, 2007, the City Council voted to direct staff to begin the process of
transitioning away from CalPERS as the City's health benefits provider to Cigna. Later, on
August 14, 2007, the City Council deferred taking action on the authorizing resolution
needed to finalize the City's transition out of CalPERS health.
Based on that deferral, the City was unable to meet the August 20, 2007 deadline to
submit an authorizing resolution to CaIPERS to formalize the transition to a private health
insurance provider. This means that the City will have to stay with CalPERS as the City's
health benefit provider.
Staff also met with the Rosemead Employee Association (REA) to discuss this matter and
have drafted a new Memorandum of Understanding (MOU) to reflect the update and
changes that have been made to employee benefits.
Recommendation: That the City Council authorize a transition back to CaIPERS as the
City's health insurance provider and approve the new MOU between the City of Rosemead
and the REA.
Page 6 of 7
ROSEMEAD CITY COUNCIL AGENDA
6. CLOSED SESSION
The City Council will recess to a Closed Session pursuant to:
1) Government Code 54957:
Public Employee Appointment
Title: City Manager
7. ADJOURNMENT
•
2007
The next regular City Council meeting is scheduled to take place on September 11, 2007 at 7:00 pm.
Page 7 of 7