CC - Agenda 06-23-09Public Comment from the Audience
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Rosemead
City Council
AGENDA
June 23, 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 Tern
Sandra Armenta, Council Member
Polly Low, Council Member
Steven Ly Council Member
ROSEMEAD CITY COUNCIL AGENDA
June 23. 2009
• CALL TO ORDER - 7:00 PM
• PLEDGE OF ALLEGIANCE- Mayor Pro Tern Taylor
• INVOCATION -Council Member Armenta
• ROLL CALL- Mayor Clark, Mayor Pro Tern Taylor, Council Members Armenta, Low, Ly
1. PRESENTATIONS
• Rosemead High School -Co-ed Badminton Team
• Muscatel Middle School - Science Olympian Team
2. PUBLIC COMMENT FROM THE AUDIENCE
3. CONSENT CALENDAR
A. Minutes
March 24, 2009 - Regular Meeting
April 7, 2009 - Special Meeting
April 14, 2009 - Regular Meeting
May 26, 2009 - Special Meeting
June 2, 2009 - Special Meeting
B. Resolution No. 2009.30 Claims and Demands
Recommendation: Adopt Resolution No. 2009-30, for payment of City expenditures in the
amount of $878,286.09 numbered 100372 through 100395 and 66321 through 66465.
C. Rosemead Employee Association M.O.U. Amendment
The existing Memorandum of Understanding (MOU) between the City and the Rosemead
Employee's Association (REA) is effective until June 30, 2010 and includes the ability to earn
up to a 5% pay increase based upon an employee's annual evaluation. As the Council is
aware, the City Manager's office has been in discussions with the REA Board to waive the
right to merit increases for the 2009-10 Fiscal Year in an effort to save money and balance
the budget. REA has agreed to waive any merit increases for all full and three quarter time
employees and waive any potential cost of living increases for part-time staff.
Recommendation: That the City Council approve the MOU Amendment between the City
and the REA for the period of July 1, 2009 through June 30, 2010.
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ROSEMEAD CITY COUNCIL AGENDA
D.
E.
Probation Officer Contract Renewal
June 23, 2009
The City currently contracts with the Los Angeles County Probation Department for two
Deputy Probation Officers (DPO's) for juvenile prevention and intervention programs. These
DPO's work full-time with Rosemead youth who have been identified as at-risk or arrested
for minor criminal offenses. These juveniles may have problems ranging from school
performance and attendance to vandalism, theft and drug arrests. The DPO's authority
allows them to work closely with the juveniles and their families to implement a variety of
programs and services to help correct their behavior.
Staff believes that these two DPO's are an important part of our overall public safety strategy
and highly recommend that they continue. The agreement is to provide two Prevention and
Intervention Program Deputy Probation Officers for the City of Rosemead. The agreement
shall be effective from July 1, 2009 through June 30, 2010 with a total cost of $130,000.
Recommendation: That the City Council approve the agreement with the Los Angeles
County Probation Department and authorize the City Manager to sign any necessary
documentation.
Adoption of the City of Rosemead Fiscal Year 2009.10 Appropriation Limit
Article XII I-B of the Constitution of the State of California was enacted by a vote of the
people as Proposition 4 (the Gann Initiative) in November 1979. This law limits the level of
most appropriations from tax sources that the state and most local government entities are
permitted to make in any given year. It also requires that annually each governmental unit
calculate its Appropriations Limits and adopt it by Resolution prior to the beginning of the
fiscal year under consideration.
The City of Rosemead's Appropriation Limit and Appropriations Subject to the Limit were
both calculated in accordance with guidelines issued by the League of California Cities.
Utilization of this approach facilitates the annual review requirement. The result of these
calculations are:
Appropriations Limit for FY 2010 $35,674,566
Appropriations Subject to the Limit 12,407,045
Amount under Limit $23,267,521
Recommendation: That the City Council adopt Resolution No. 2009-31 approving the fiscal
year 2009-10 Appropriation Limit according to Article XIII-B (Gann Initiative) of the
Constitution of the State of California.
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ROSEMEAD CITY COUNCIL AGENDA June 23, 2009
F. Resolution Opposing the State's Potential Seizure of Gas Tax Funds
The State's Budget Conference Committee has recommended that seizure of Highway
Users Tax, commonly referred to as Gas Tax, for the period of two years as a measure to
help balance the State's budget. The City's lobbyist, Gonsalvez & Sons, along with he
League of California Cities have been strongly opposing this recommendation. The League
believes that any seizure of Gas Tax is in direct conflict with the voter's approval of this tax in
both 1974 and 1998 and is recommending that City's be prepared to take legal action
against the state if the proposed seizure of funds is implemented.
The City of Rosemead receives approximately $950,000 per year from Gas Tax which funds
programs such as street sweeping, traffic signal operations and repair, pothole repair, street
sign replacement and other street maintenance related costs. Any reduction of these funds
by the State will have a significant impact on City's ability to provided necessary services and
maintenance to our roads. Programs such as street sweeping not only improve the
aesthetics of the community, but are also critical in maintaining our stormwater NPDES
permits. Any reduction in street sweeping or street maintenance could result in a violation of
our NPDES permit which could potentially result in fines and increased compliance costs.
The League of California Cities has requested each city adopt a resolution apposing the
illegal seizure of Gas Tax funds. While the approval of the resolution does not authorize the
filing of a lawsuit by the City, it does direct the City Attorney to support and work with the
League of California Cities in regards to potential legal action if the Governor supports the
Budget Committee's proposal.
Recommendation: That the City Council adopt Resolution No. 2009-32 authorizing the City
Attorney to cooperate with the League of California Cities, other cities and counties in
litigation challenging the constitutionality of any seizure by the state government of the City's
street maintenance funds.
G. Review and Approval of Contract with Rosemead Housing Development Corporation
for Implementation of Certain HOME Funded Programs
The City is required to commit its HOME funds for particular affordable housing activities
within 24 months after HUD's appropriation of the entitlement allocation. To comply with this
requirement, staff recommends that the City commit $1,294,932 of FY 2008-09 and FY
2009-10 HOME funds, plus unspent carried over funds from prior FY's, by contracting with
the Rosemead Housing Development Corporation (RHDC) to administer certain HOME
funded programs.
Recommendation: That the City Council take the following actions:
1. Approve a contract with the Rosemead Housing Development Corporation
for the implementation of :
Owner-Occupied Rehabilitation Loan Program, and
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ROSEMEAD CITY COUNCIL AGENDA June 23, 2009
Mortgage Assistance Program; and
2. Authorize the Mayor to execute the contract on behalf of the City.
4. MATTERS FROM CITY MANAGER & STAFF
A. Park Monterey - Closure Impact Report
Big Island Property, LLC (Hawaii Property, Inc.) the owner of Park Monterey, a mobile home
park located at 7433 Garvey Avenue, submitted a Closure Impact Report (the "Report") to
the City of Rosemead on July 21, 2008 for the change of use to Spaces 1 A, 2A, and 3A.
The use of these spaces will be changed from residential housing to a parking lot for a future
development.
The Report was forwarded to the City Council for review in September 2008. It was also
reviewed by the Community Development Commission's law firm and it was found to be in
compliance with the State Government Code regulating mobile home park change of use
procedures. The City of Rosemead does not have an ordinance specifically related to the
closure of mobile home parks therefore; the provisions of state law are applicable.
According to state law, if the change of use requires no local governmental permits, the
tenants must be given at least 12 month notice to vacate before the park is able to close or a
change in use is allowed. Such notice was provided to the tenants of Spaces 1A and 3A in
July 2008 with a notice to vacate by July 21, 2009. No notice was served on Space 2A as its
owned by Big Island Property.
Recommendation: That the City Council review, accept, and file the "Closure Impact
Report".
B. Adoption of the City of Rosemead's Fiscal Year 2009.10 Annual Operating and Capital
Improvement Budget
The City of Rosemead's fiscal year 2009-10 Annual Operating and Capital Improvement
Budget is as follows:
Total Appropriations FY 2009-10 - $30,551,880
Recommendation: That the City Council adopt Resolution No. 2009-33 approving the fiscal
year 2009-10 Annual Operating and Capital Improvement Budget in the amount of
$30,551,880.
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ROSEMEAD CITY COUNCIL AGENDA
June 23, 2009
5. MATTERS FROM MAYOR & CITY COUNCIL
A. Ordinance 875 - Second Reading: Planning Commissioner Terms of Office
On May 26, 2009, the City Council held a special meeting to interview and appoint new
Planning Commissioners. The City Council interviewed various candidates and appointed
William Alarcon, Nancy Eng, Diana Herrera, Joan Hunter, and Victor Ruiz.
On June 9, 2009, the City Council reviewed the ordinance to re-establish staggered terms for
the Planning Commission. Ordinance 875 is now before Council for the required second
reading. In addition, the Mayor shall select names at random to appoint two commissioners
to serve a one year term.
Recommendation: That the City Council adopt Ordinance 875 and the Mayor randomly
select two commissioners to serve a one year term.
B. Accountability of Non-Profit Organizations that Receive City Funding
Over the past several years the City has contributed approximately $115,000 to community
based non-profit organizations and public schools. Several Council Members have
expressed concern about the lack of formal guidelines and standards for such contributions.
City staff has developed a proposed Administrative Policy to govern any future funding
requests by such organizations.
Prior discussions have occurred regarding the need to have the requesting organizations
comply with an approved policy that contains guidelines and standards. Listed below are the
organizations that have received funding over the last two fiscal years:
Rosemead Rebels (Football Equipment) - $17,156
M. Janet Chin Youth Foundation (Programs) - $25,000
Rosemead Youth Association (League costs and IRS fines) - $15,000
Rosemead Youth Association (IRS fines) - $9,890.43
Savannah Cemetery (Wrought iron fence) - $14,268.92
San Gabriel High School (Washington DC Trip) - $20,000
San Gabriel High School Football Team (Uniforms) - $15,000
Recommendation: That the City Council approve Administrative Policy 50-04 and provide
direction regarding the accountability of organizations that previously received funding.
6. COMMENTS FROM CITY COUNCIL
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ROSEMEAD CITY COUNCIL AGENDA
7. ADJOURNMENT
June 23, 2009
The next regular City Council meeting is scheduled to take place on July 14, 2009 at 7:00
p.m.
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