CC - Item 3A - Minutes of 05-26-09Minutes of the
REGULAR CITY COUNCIL MEETING
May 26, 2009
The regular meeting of the Rosemead City Council was called to order by Mayor Clark at 7:00 p.m.
in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead,
California.
FLAG SALUTE: Council Member Ly
INVOCATION: Mayor Clark
PRESENT: Mayor Clark, Mayor Pro Tern Taylor, Council Member Armenta, Council Member Low,
and Council Member Ly.
OFFICIALS PRESENT: Acting City Manager Hawkesworth; Interim City Attorney,Montes,
Assistant City Manager Saeki, Director of Finance Brisco, Director of Parks and Recreation
Montgomery-Scott, Economic Development Administrator, ,Ramirez, _Deputy Public Works Director
Marcarello, and City Clerk Molleda. ,
is
1. PRESENTATION
A. Crowning of the Rosemead's 4th of,July.Queen '
Director of Parks and Recreation Montgomery Scotfiihtroduced the 4th of JUly Queen Freesia
Quezada and went over all the activities she is involved in, as well as her accomplishments. Some
of Freesia activities involve being a junior in Rosemead High School with a 4.0 GPA, she's had
perfect attendance since Kindergarten, she is a member'of the California Scholastic Federation, is
part of the Gifted and Talented'Educatjon Club,.is,eligible to take English and History advance
classes, and is a 3 year member of.the Varsity.High School soccer.
Freesia'Quezada was crowned with`the help of the previous 41h of July Queen and the City Council.
Ms. Quezada thanked Council for given her the opportunity to represent the city in the best way
she can. She told Council that the first time she attended the Rosemead parade she was only 7
and was very happy that 10 years later she would actually be in the parade.
Mayor Clark congratulated Freesia Quezada and added that she was looking forward to the 4m of
Juy.
Procblamation - City Clerk
Mayor Clark read the proclamation and presented it to City Clerk Gloria Molleda.
2. PUBLIC COMMENT FROM THE AUDIENCE
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Lillian Sacco - stated that President Obama has stressed that we should be able to agree to
disagree without being disagreeable. We have the right to criticize any position that we don't agree
with; I support that fully. The use of the internet to make anonymous nasty comments about
Rosemead residents who speak during the council meetings is deplorable and un-American; only
cowards hide behind anonymity. Mrs. Sacco also added that she had requested the Los Angeles
Grand Jury to investigate the city's mismanagement of the Wal-Mart construction and operation.
Mayor Pro Tern Taylor asked what comments were made on the internet and if she knew who had
made the comments.
Mrs. Sacco stated there were nasty comments made about four individual'and they were
anonymous. "Marlene Shinen - stated she was thankful for the change in the majority council and that she
respected and believed Council Member Low's statement, which,was made in;the past about "to
vote her conscious". Ms. Shinen addressed Council Memtiers'Armenta and Ly and stated she
admired the strength she had witness within them to stand up to power and run'for Rosemead city
council knowing the challenges it presented; Council Member Armenta to win your seat by one
vote, I can only describe that as an awakening. As a resident of South San Gabriel:and your
neighbor I place in you and this council a measure of trus(and'ask God's blessing for you and your
city.
Daniel Allen Calbert - spoke in regards to possums and raccoons coming out of the sewers and
asked if the city would consider putting up some kind ,of,gratings-sthe animals can't go in and out
of the sewers.
Chuck Lyons - Congratulated Freesia Quezada and stated she did not go around telling people
about how good she is. On another, topic 41 Mr. Lyons'stated that a lot of people talked about
saving energy but was glad to,seetthe city was actually doing something about it by purchasing
energy saving cars.
3. PUBLIC HEARING
A. ,Public Hearing on the Fiscal Year 2008.09 Annual Action Plan Amendment
forthe 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
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Minutes ofMay 26, 2009
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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; ah&,
3. Authorize the Interim City Manager to, execute .all,appropriate and
necessary documents to receive funding and implement approved use.
Economic Development Administrator Michelle Ramirez' reviewed the staff report.,'
'
Council Member Low asked if the city had any plans to usethese;funds. t '
Mrs. Ramirez stated that the Council on a previous meeting had'approved a contract for slurry seal
and the funds would be use for that project..
The Mayor opened the Public Hearing at 7:26 p.m there being no public comment requests the
Public Hearing was closed at-7:26 p.m. '
Council Member Polly Low made a'motion; seconded by Council Member Steven Ly, to
approve staff's recommendations. Vote resulted m:.'
Yes: Armenta, Clark, Low, Ly,Taylor
No: None'.
Abstain: None
Absent: None'
4. CONSENT CALENDAR
Item 4A was deferred to the next City Council meeting
A. Minutes
March 26, 2009 - Special Meeting
May 9, 2009 - Special Meeting
May 12, 2009 - Special Meeting
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Minutes ofMuv 26, 2009
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B. Resolution No. 2009.23 Claims and Demands
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;
Item 4D was removed from the agenda and No Action was taken on this item
D. Corporate Surety Bonding of Certain+Employees\• vi
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a4
It has come to the attention.of staff that certain employees are required to be
covered by a corporate suretybond. Specificaljy;,ttie..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 bonded in the amourit of five thousand dollars
($5000). 7.
Recommendation: That the CityCouncil:
i. c 7
1.' , Setttie'amount of c'drporate surety bonding for the City Manager
at fifty thousand dollars ($50,000) and one hundred twenty-five
jr' i•, thousand dollars ($125,000) for the Finance Director. Bonding for
the City 'Clerk is to.remain at five thousand dollars ($5,000).
1
2. Direct staff to purchase corporate surety bonding in the names of
the City Manager, the City Clerk, and the Finance Director. All
l; bonds are to name the City as oblige.
3. Approve Resolution No. 2009-25.
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.
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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 FaithfulTerformance
Bond one (1) year after City Council acceptance.` `
F. Residential Roadway Resurfacing Project-Contract Award
As part of the City's Fiscal Year r2008-09 Capital improvement Program, the City
Council approved a program entitled, "Residential Roadway Resurfacing", which
consists of asphalt concrete overlay, sdewalk.repairs, curb ramp construction,
traffic striping, signage installation and tree planting on 9 residential streets. Prop
1B and Gas Taz funds were allocated for this'project.
Recommendation: That the City Council:
1. 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.
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.
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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.
Council Member Steven Ly made a motion, seconded by Council Member Polly Low, to
approve the Consent Calendar with the exception of Items A, D, H,,and I.. Vote resulted in:
a
Yes: Armenta, Clark, Low, Ly, Taylor
No: None
Abstain: None r t' ,
Absent: None
i
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 Highclff Street.- Tree planting in parkway
areas on Del Mar was incl deflo 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 "roject was split into. two contracts: Once for the tree planting work and
the second for the resurfacing-related work.
On May 12, 2009;,t e,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:
r1. Authorize tree,plapting at locations approved by property owners
and residents;
Authorize staff to patch and repair all excavated areas where
trees will not be planted
Juan Nunez - stated that staff had performed a survey regarding the trees but that he had a list of
15 signatures that were against this project. Asked how many people the city had interviewed for
this survey.
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Deputy Director of Public Works Marcarello stated it had been 42 people along Del Mar and of
those 42, 35 were interested in having trees planted.
Mayor Pro Tem Taylor asked if the 7 that were apposed to the trees if the holes were going to be
filled with concrete.
Mr. Marcarello responded that it was correct.
Council Member Low asked how long it would take to finish this project.
Mr. Marcarello responded it would take 3 to 4 days.
Mayor Pro Tern Taylor asked why the last block and a half was not cohsidered; from Highcliff to
Graves.
Mr. Marcarello responded that the intent of this project was to get the most economical bid for tree
planting with the road resurfacing project.
Council Member Polly Low made a motion, seconded by,Couneil.Member Steven Ly, to
approve staff's recommendations. Vote resulted in:
Yes: Armenta, Clark, Low, LyJaylor `
No: None • r
All
Abstain: None
Absent: None
Hybrid Vehicle Purchase
Since 1991, local governments„Have received AS 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 Molor 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 AS 2766 funds available for this
purpose.
Recommendation: That the City Council:
Appropriate $27,400 of AS 2766 funds to purchase a Chevrolet Malibu
Hybrid vehicle; and
2. Approve Resolution NO. 2009-26 authorizing staff to purchase the vehicle
from Wondries Fleet Group.
Item 41 was deferred and No Action was taken on this item.
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Minutes of May 26, 2009
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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 theycur\ently 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 an'd•actuadal liability..;
, x
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 Councitadopt Resolution No. 2009-
24, the Adoption Agreement;,Trust Agreement, and Administrative Services
Agreement, and authorize thkcting;Citi-Manager to execute the necessary
documents to establish an Irrevocable Medical Benefit Trust with PARS.
Mayor Pro Tem Taylor stated that a lot of the back-up for this item was over 2 years old. Mr. Taylor
also asked what would happen to the employee after turning 65 years old, he was under the
impression that it was the law, thatthey,would have-to sign up for social security.
Acting CityManage~ Hawkesworth'stated that was correct and that any retired employee would
have,to coordinate the required Medicare benefit with the city's retired paid benefit and it would be
a coordihated;benefit at that~point.
Mayor Pro Tem.Taylor asked were those rules of coordination were because he didn't see them in
the report. ;
Mr. Hawkesworth responded that those rules were not spelled out in this benefit because those
were federal benefit rules.
Mayor Pro Tem Taylor asked who ends up being the primary and secondary payer.
Mr. Hawkesworth stated that if you are employee with the city then the city is the primary health
provider; however, once someone turns 65 and is retired Medicare becomes the primary and the
city secondary.
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Mayor Pro Tem Taylor stated that the city was selecting PARS instead of CalPERS for these type
of benefits was because the city had an option on changing the providers.
Mr. Hawkesworth responded that was correct. He clarified that the city's insurance broker who
manages the premiums is CalPERS and PARS is going to manage the payment of the benefits
and the accumulation of these benefits.
Mayor Pro Tem Taylor asked if this item could be deferred for two weeks because he would like to
see it come back with an explanation on how this works with the Medicare benefits.
Denise Hue - Vice President of PARS clarified that once an employee reaches 65 and there is
coordination with Medicare that is when there is an adjustment in the-employee's benefits because
Medicare then becomes the primary benefit provider.
Council Member Low asked Mr. Hawkesworth to go over the plans.
Mr. Hawkesworth reviewed the staff report and went over the plan that was attach6d.to the staff
report.
Council Member Polly Low made a motion,'seconded by Council Member Steven Ly, to
approve funding option 4 to fully fund'the. iability over five years and adopt Resolution No.
2009-24, the Adoption Agreement, Trust: Agreement, and Administrative Services
Agreement. Vote resulted in:
Yes: Armenta, Clark, Low, Lys v,/,%/
No: None
Abstains,Taylor "
Absent: None
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 KeelungJaiwan 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.
Acting City Manager Hawkesworth reviewed the staff report and asked Council for direction on how
they would like to see the program move forward.
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Minutes ofMay 26, 2009
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Mayor Clark stated she has requests from members of the community that would like to see the
programs reinstated in some of the ways that other cities are doing it. Asked staff to prepare an
application form for people.
Mr. Hawkesworth stated that other cities have established committees for this program by having
the public filled out an application for and then not only having this committee start the program but
also develop non-profit status.
Council Member Ly asked if the goal was to reestablish ties with Keelung, as well as, with
Zapopan.
Mayor Clark stated that was possible but that she had received
Keelung and was not sure if there was interest by the communi
Council Member Low asked if the city was interested in
how that would be possible.
Mayor Clark stated she would like to see Keelung,get,revil
Council Member Ly stated he liked that some cities used thi;
purposes such as youth exchanges and student exchanges;
be more involved and not only the Council:. Mr: Ly. suggeste
quest to reestablish ties with
o;dothe same with Zapopan.
ig the program with China and
r .
and then go from.ttiere
ram for more educational
s,that would help the community
both cities be revised for these
r
programs because he believed the city had interest m;both.
Council Member Armenta stated,that the PL
promote peace through.mutual respect and
community. tr
.the Sister; Ci International program was to
it was very"'important to bring that to this
Council Member Armenta also stated.thafbefore'going into closed session she would like to say a
couple words:' Ms. Armenta stated that the litigation had ended last Friday and she wanted to
thank everyone for their, support and all, the encouraging words she received.
The'City Council recessed to Closed Session of 8:00 p.m.
7. CLOSED SESSION
A. Confererce 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
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Minutes gfMay 26, 2009
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The City Council reconvened out of Closed Session at 8:23 p.m.
Interim City Attorney Montes stated there was no reportable action taken during Closed Session.
8. ADJOURNMENT
The meeting adjourned at 8:23 p.m. The next regular City Council meeting is scheduled to take
place on June 9, 2009 at 7:00 p.m. -
ATTEST:
Margaret Clark,.4
Mayor
Gloria Molleda, City Clerk
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