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CC - Agenda 06-09-09Public 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 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 Page 2 of 9 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. Page 8 of 9 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. Page 9 of 9