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CC - Agenda 05-26-09Public 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 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. 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 26, 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 2009 • CALL TO ORDER - 7:00 PM • PLEDGE OF ALLEGIANCE- Council Member Ly • INVOCATION - Mayor Clark • ROLL CALL - Mayor Clark, Mayor Pro Tem Taylor, Council Members Armenta, Low, Ly 1. PRESENTATION A. Crowning of the Rosemead's 41h of July Queen B. Proclamation - City Clerk 2. PUBLIC COMMENT FROM THE AUDIENCE 3. PUBLIC HEARING A. Public Hearing on the Fiscal Year 2008-09 Annual Action Plan Amendment for the Community Development Block Grant (CDBG) Program A public hearing is being held tonight for the review and approval of the City's amended Annual Action Plan for the period of July 1, 2008 - June 30, 2009. The City has received notification from the U.S. Department of Housing and Urban Development (HUD) that Rosemead is expected to receive $306,851 from the American Recovery and Reinvestment Act of 2009: Community Development Block Grant. This funding, referred to as "CDBG-R", is separate from the regular, annual CDBG funds that the City receives every year. As a result of these additional funds, the City is required to amend its FY 2008-09 Annual Action Plan to include the proposed use of the CDBG-R funds. The City received $1,138,481 in CDBG funds for fiscal year 2008-09 (July 1, 2008 - June 30, 2009). The FY 2008-09 Annual Action Plan provides specific information about projects that are currently being funded as CDBG-eligible activities. Recommendation: That the City Council take the following actions: Conduct a public hearing and take public testimony on the Annual Action Plan covering the period of July 1, 2008 - June 30, 2009; 2. Approve the CDBG-R funding recommendations, authorize the submittal of the City's amended FY 2008-09 Annual Action Plan to the U.S. Department of Housing and Urban Department; and 3. Authorize the Interim City Manager to execute all appropriate and necessary documents to receive funding and implement approved use. Page 2 of 7 ROSEMEAD CITY COUNCIL AGENDA 4. CONSENT CALENDAR A. Minutes March 26, 2009 - Special Meeting April 7, 2009 - Special Meeting May 9, 2009 - Special Meeting May 12, 2009 - Special Meeting B. Resolution No. 2009-23 Claims and Demands 26, 2009 Recommendation: Adopt Resolution No. 2009-23, for payment of City expenditures in the amount of $1,026,065.88 numbered 100328 through 100343 and 66074 through 66205. C. Approval of Fireworks Stand Location Staff has included a list of 14 applicants who have requested a permit to sell fireworks and their stand locations that the License Department is recommending for approval by the Council for the year 2009. All deposits have been received and certificates of insurance are on file. Recommendation: That the City Council approve the list of applicants and their stand locations and waive any electrical fees. D. Corporate Surety Bonding of Certain Employees It has come to the attention of staff that certain employees are required to be covered by a corporate surety bond. Specifically, the City Manager and the Finance Director are to be bonded at an amount to be determined by the City Council. The City Clerk is to be bonder in the amount of five thousand dollars ($5000). Recommendation: That the City Council: Set the amount of corporate surety bonding for the City Manager at fifty thousand dollars ($50,000) and one hundred twenty-five thousand dollars ($125,000) for the Finance Director. Bonding for the City Clerk is to remain at five thousand dollars ($5,000). 2. Direct staff to purchase corporate surety bonding in the names of the City Manager, the City Clerk, and the Finance Director. All bonds are to name the City as oblige. Approve Resolution No. 2009-25. Page 3 of 7 ROSEMEAD CITY COUNCIL AGENDA May 26, 2009 E. Annual 2008-09 Curb Ramps Construction Project- Notice of Completion 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. In compliance with the American with Disabilities Act (ADA) guidelines, this construction project consists of adding and retrofitting a total of seventy-four (74) curb ramps. On March 10, 2009 the City Council awarded a construction contract to CJ Concrete Construction, Inc. and directed staff to proceed with the construction. This project has now been completed to the satisfaction of the City's Public Works Department. Recommendation: That the City Council: Accept the Work; 2. Authorize the City Engineer to file a Notice of Completion; 3. Authorize the City Engineer to release the Labor and Material Bond thirty- five (35) days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4. Authorize the City Engineer to release the Faithful Performance Bond one (1) year after City Council acceptance. F. Residential Roadway Resurfacing Project - Contract Award As part of the City's Fiscal Year 2008-09 Capital Improvement Program, the City Council approved a program entitled, "Residential Roadway Resurfacing", which consists of asphalt concrete overlay, sidewalk repairs, curb ramp construction, traffic striping, signage installation and tree planting on 9 residential streets. Prop 1 B and Gas Tax funds were allocated for this project. Recommendation: That the City Council: Authorize the City Manager to execute a contract on behalf of the City with Sully-Miller Contracting, Co. for the Residential Roadway Resurfacing Project for the bid amount of $1,002,005. 2. Establishing an amount of approximately 10% of the contract amount ($100,000), as a contingency, to cover the potential cost of unforeseen site conditions. Page 4 of 7 ROSEMEAD CITY COUNCIL AGENDA May 26, 2009 G. City Tree Planting Project - Contract Award As part of the City's Fiscal Year 2008-09 Capital Improvement Program, the City Council approved a program entitled, "City Tree Planting Project", which consists of planting trees in several City parkway locations along City streets. After evaluating these locations, staff developed tree planting recommendation to help maintain the consistency and look of trees in each neighborhood. This project will add 395 new trees throughout the community. This project is funded with Gas Tax funds. Recommendation: That the City Council: Authorize the City Manager to execute the contract on behalf of the City with Yakar for the City Tree Planting Project in the amount of $115,872, 2. Establish an amount of $12,000 as a contingency to cover the cost of unforeseen construction expenses. H. 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: Once for the tree planting work and the second for the resurfacing-related work. On May 12, 2009, the City Council authorized staff to survey Del Mar Avenue residents and determine if there is a desire to move forward with planting trees in parkway locations. Staff has completed the results of this survey for further review. Recommendation: That the City Council: Authorize tree planting at locations approved by property owners and residents; Authorize staff to patch and repair all excavated areas where trees will not be planted Page 5 of 7 ROSEMEAD CITY COUNCIL AGENDA Hybrid Vehicle Purchase 26, 2009 Since 1991, local governments have received AB 2766 funds to implement programs that reduce air pollution from motor vehicles. These funds are generated by a State mandated vehicle registration fee surcharge through the Department of Motor Vehicles and are subvened to the South Coast Air Quality Management District (AQMD) for disbursement. With these funds, cities are able to purchase alternative fuel vehicles for their fleets. To date, the City of Rosemead has approximately $40,000 in AB 2766 funds available for this purpose. Recommendation: That the City Council: Appropriate $27,400 of AB 2766 funds to purchase a Chevrolet Malibu Hybrid vehicle; and Approve Resolution NO. 2009-26 authorizing staff to purchase the vehicle from Wondries Fleet Group. 5. MATTERS FROM CITY MANAGER & STAFF A. Post Retirement Healthcare Funding The Government Accounting Standards Board (GASB) issued GASB Statement 45 in June 2004 which requires all government agencies to evaluate and adopt a funding plan for Other Post Employment Benefits (OPEB). GASB 45 mandates that public agencies with annual budgets between $10 million and $100 adopt and implementation plan in the fiscal year beginning after December 31, 2007. For the City of Rosemead, the requirement is for implantation in the 2008-09 fiscal year. City staff requested that a valuation be performed in accordance with GASB 45 by Public Agency Retirement Services (PARS) as they currently perform similar services for the City's supplemental retirement plan. Based on the valuation, which utilizes payroll and demographic information as of January 1, 2008, it was determined that the City has an actuarial unfunded liability of $2.66 million. City staff in conjunction with PARS staff have developed four possible funding scenarios to account for and fund this benefit and actuarial liability. Recommendation: That the City Council approve funding option 4 to fully fund the liability over five (5) years and budget accordingly for annual contributions. Furthermore, staff recommends that the City Council adopt Resolution No. 2009-24, the Adoption Agreement, Trust Agreement, and Administrative Services Agreement, and authorize the Acting City Manager to execute the necessary documents to establish an Irrevocable Medical Benefit Trust with PARS. Page 6 of 7 ROSEMEAD CITY COUNCIL AGENDA May 26, 2009 6. MATTERS FROM MAYOR & CITY COUNCIL A. Sister City Program Previously, Mayor Clark requested staff to look into the re-establishment of the City's Sister City program. The City does have official sister city ties with the cities of Keelung, Taiwan and Zapopan, Mexico. Staff is currently working on contracting representatives from these two communities to determine if they still desire to have a sister city relationship with Rosemead. City staff also conducted research regarding sister city programs in other cities throughout the State of California to determine the best method of re-establishing a sister city program. Recommendation: That the City Council review the information acquired and provide direction to staff regarding the Sister City Program. 7. CLOSED SESSION A. Conference with Legal Counsel --Existing Litigation Government Code 54956.9 (a): 1) Tran v. Armenta, Molleda, Logan (the County Registrar of Voters) and the City of Rosemead B. Conference with Labor Negotiator Government Code Section 54957.6; Labor Negotiations Update Negotiator for the City: Matthew E. Hawkesworth Employee Unit: Rosemead Employee Association 8. ADJOURNMENT The next regular City Council meeting is scheduled to take place on June 9, 2009 at 7:00 p.m. Page 7 of 7