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CC - Agenda 03-25-08• Public Comment from the Audience • If you wish to address the City Council, please complete a Speaker Request Card, as 9 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 Rosemead City Council AGENDA March 25, 2008 7:00 PM Rosemead Community Recreation Center 3936 N. Muscatel Avenue, Rosemead, California 91770 John Tran, Mayor John Nunez, Mayor Pro Tem Margaret Clark, Councilmember Polly Low, Councilmember Gary Taylor, Councilmember • ROSEMEAD CITY COUNCIL AGENDA i March 25, 2008 • CALL TO ORDER-7:00 PM • PLEDGE OF ALLEGIANCE - Mayor Pro Tern Nunez • INVOCATION - Mayor Tran • ROLL CALL - Councilmembers Clark, Low, Taylor, Mayor Pro Tern Nunez, Mayor Tran 1. CLOSED SESSION A. Conference with Labor Negotiator The City Council will recess to a closed session pursuant to Government Code Section 54957.6. Labor Negotiations Negotiator for the City: Oliver Chi, Matt Hawkesworth, and Brian Saeki. Employee Unit: Rosemead Employee Association B. Conference with Legal Counsel Government Code 54956.9(c): Potential Litigation 2. Government Code 54956.9(c): Existing Litigation - James Irvine Flournoy v. Building Official of the City of Rosemead, Mayor and City Council of Rosemead, and elected body, Rosemead Community Redevelopment Agency, Willdan and Associates, Arroyo Geotechnical, Wells Fargo Bank N.A., Panda Restaurant Group 2. PRESENTATION A. Proclamation - Safe Communities Month B. Vietnamese Culture House Presentation to the City - In Appreciation of the Rosemead's Partnership to Display the Vietnamese Freedom Boat C. Recognition of Service - Mayor John Tran 3. CITY COUNCIL REORGANIZATION This is the time for the Council to reorganize by appointing a Mayor and Mayor Pro Tem, respectively. A. Appointment of Mayor - City Clerk Presiding B. Appointment of Mayor Pro Tern - Newly appointed Mayor Presiding C. Mayor's Committee Appointments for 2008-2009 Page 2of7 • ROSEMEAD CITY COUNCIL AGENDA 4. PUBLIC COMMENT FROM THE AUDIENCE 5. CONSENT CALENDAR A. Minutes January 22, 2008 - Regular Meeting February 12, 2008 - Regular Meeting B. Resolution No. 2008.17 Claims and Demands 1J March 25, 2008 Recommendation: Adopt Resolution No. 2008 -17, for payment of City expenditures in the amount of $1,016,550.91 numbered 59115 through 59153 and 61868 through 61984. C. Resolution No. 2008-20 Claims and Demands Recommendation: Adopt Resolution No. 2008 - 20, for payment of City expenditures in the amount of $2,816,612.82 numbered 59154 through 59197 and 61985 through 62123. D. Authorization to Attend the Government Finance Officer's Association (GFOA) 2008 Annual Conference June 15-18, 2008 The 2008 GFOA annual conference will include training from the following categories: Accounting, Auditing and Financial Reporting, Budgeting and Financial Planning, Cash Management and Investing, Debt Management and Policy, Pension and Benefits as well as Technology and Digital Government. Recommendation: That the City Council authorize attendance at the GFOA annual conference by the Finance Director and the Finance Manger. E. Approval of Extension to License Agreement with the Rosemead Youth Association for the Use of the Garvey Park Snack Bar On January 22, 2008, City Council approved a License Agreement with Rosemead Youth Association (RYA) for use of the Garvey Park Snack Bar from February 1, 2008 through August 1, 2008, as a means of fundraising for the league. RYA is now requesting an extension of that agreement for the period of July 2, 2008 through September 30, 2008. Recommendation: That the City Council approve the extension for Rosemead Youth Association to operate the Snack Bar at Garvey Park for the requested term and the Mayor be authorized to execute the attached License Agreement. Applicant Request for Extended Use of Garvey Center An applicant has requested the use of Garvey Center for a private function until midnight Page 3 of 7 E i ROSEMEAD CITY COUNCIL AGENDA March 25, 2008 on May 31, 2008. Recommendation: That the City Council approve the extended use until midnight with all music to cease by 11:00 p.m. G. Acceptance of Installation of Traffic Signals at Del Mar Avenue add Highcliff Avenue and at Graves Avenue and Jackson Avenue The reference 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 referenced 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. Release of Bond - Tract Map 62269 7931-7945 Whitmore Street A Faithful Performance Bond of $55,000 and a Labor and Material Bond of $27,500 were required to guarantee construction of street, storm drain, and sewer improvements for Tract Map 62269. Recommendation: That the City Council accept the public improvements and release the Bonds. Release of Bond - Tract Map 26259 8925-29 Beatrice Place A Faithful Performance Bond and a Labor and Material Bond in an amount of $5,600 and $2,800, respectively, were required to guarantee construction of new driveway approaches, curb and gutter, sidewalk, AC pavement, and sewer laterals for Tract Map 26259. Recommendation: That the City Council accept the public improvements and release the Bonds. Approval of Undertaking Agreement for Parcel Map 69105 7617 Graves Avenue In accordance with the Conditions of Approval for Tentative Parcel Map No. 69105 approved by the Rosemead Planning Commission on August 6, 2007, the subdivider is required to construct a new driveway approach, a sewer lateral, parkway drains and plan a parkway tree prior to recordation of the final map. The undertaking agreement guarantees completion of the public improvements. Recommendation: That the City Council approve the Undertaking Agreement for the completion of public improvements. Page 4 of 7 ROSEMEAD CITY COUNCIL AGENDA • March 25, 2008 K. ICMA Deferred Compensation 401 (a) Program The City currently offers an employer funded deferred compensation program as part of the Memorandum of Understanding (MOU) that was approved for the fiscal year 2007- 2008, however, the City does not currently have a deferred compensation plan for such contributions. The approval of a 401 (a) plan would allow for such contributions without affecting each employee's ability to voluntarily contribute to the existing 457 plan. Recommendation: That the City Council adopt Resolution No. 2008-16 implementing an ICMA 401 (a) Retirement Plan, approve the Administrative Services Agreement with ICMA, and authorize the City Manager to execute any additional documents involved with the plan implementation. Virginia Street Storm Drain Miscellaneous Transfer Drain No. 1752; Strom Drain Transfer to Los Angeles County for Maintenance - Resolution No. 2008-19 Presented for Council's consideration is a resolution to transfer Miscellaneous Transfer Drain (MTD) No. 1752 (Virginia Street, from Virginia Street east end to Strathmore Avenue; Strathmore Avenue to Garvey Avenue) to Los Angeles County Flood Control District for operation and maintenance. Recommendation: That the City Council adopt Resolution No. 2008-19 requesting the Los Angeles County Board of Supervisor to accept the transfer of MTD 1752 for operation and maintenance, and authorize the transfer and conveyance of the drain. M. Legislative Position Against AB 2640 Greg Nordbak of Consolidated Disposal Service requested the City's formal opposition to Assembly Bill 2640. Currently legislation enables cities to promote green waste programs and receive diversion credits. AB 2640 would end diversion credits for recycled green waste. Recommendation: That the City Council authorize staff to send a letter to local legislators expressing our opposition to AB 2640. 6. MATTERS FROM CITY MANAGER & STAFF A. Community Development Block Grant Annual Action Plan for Fiscal Year 2008-09 On February 12, 2008, the City Council conducted a public hearing on the City's Annual Action Plan for the period of July 1, 2008 - June 30, 2009. An Annual Action Plan is required by the U.S. Department of Housing and Urban Development (HUD) in order for the City to receive federal funds under the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) programs. The Annual Action Plan includes the proposed activities, resources and expenditures for the CDBG and HOME programs. Page 5 of 7 • ROSEMEAD CITY COUNCIL AGENDA is March 25, 2008 Five organizations (Family Counseling Services, People for People, Rosemead High School, Rosemead School District, and Southern California Housing Rights Center) made presentations at the public hearing. One other organization, Morrison Health Care (Senior Nutrition Provider), submitted a funding request and was scheduled to have a representative present, however was unable to attend. A summary of staff-endorsed projects has now been prepared based on the funding requests and ongoing CDBG and HOME funded activities. Recommendation: That the City Council review and finalize its CDBG and HOME funding recommendations under the City's Annual Action Plan for the Fiscal Year 2008-09. B. Garvey Avenue Resurfacing Project The City's Pavement Management System study shows that Garvey Avenue from the west city limit to San Gabriel Boulevard is in need of resurfacing. The Engineer's estimated cost for the construction of the project including construction management is approximately $910,000. The cost for the preparation of the plans and specifications for the project is approximately $60,000. Recommendation: That the City Council approve an amendment to the FY 2007-2008 CIP Program to include the Garvey Avenue Resurfacing Project and adopt Resolution No. 2008-18 appropriating the necessary funds to construct the project. C. Award of Contract for City Transit Services On November 20, 2007, the City Council approved specifications for transportation services and authorized staff to solicit bids from seven qualified transit service providers. As part of the new contract award, the selected vendor will provide the City with new vehicles for transit services, the ability to provide alternative fuels and reduce vehicle emissions, improved marketing and outreach, and access to new technologies in the transit services industry. The proposed contract will begin on September 1, 2008. Recommendation: That the City Council approve the terms and award a four year ten month agreement with Southland Transit, Inc., through June 30, 2013 to provide transit services in the City of Rosemead. D. City Council Chambers Renovation - Funding Amendment On January 12, 2008, the City Council approved a construction contract with Caltech Construction for renovating the Council Chambers. As approved by general counsel, the entire project was budgeted in the Rosemead Community Development Commission's (RCDC) Special Projects budget using tax exempt bond funds as the funding source. However, bond counsel recently advised that use of bond funds for City Hall renovations is not allowable. Therefore, it is necessary to shift some of the costs of renovation from Page 6 of 7 • ROSEMEAD CITY COUNCIL AGENDA • March 25, 2008 RCDC to the City. Resolution No. 2008-21 authorizes an appropriation increase in the General Fund for renovations to Council Chambers. Recommendation: That the City Council accept the early repayment of $433,000 from RCDC and approve Resolution No. 2008-21 appropriating $433,000 in the General Fund. 7. MATTERS FROM MAYOR CITY COUNCIL A. Request for Information Regarding City Attorney Bills Councilmember Taylor has requested that the City Council engage in discussion regarding the City Attorney's bills and billing practices. In addition to that request, Councilmember Taylor has specifically asked the City Council to consider the following matters; The time frame in which the City Attorney submits bills for payment to the City. Disclosure of billing practices to the City Council as it relates to the Grand Jury Referral case. B. Request for Personnel Handbook Verification Audit Councilmember Taylor has requested that staff engage in an audit of City team member personnel files in an effort to put together a listing of each team member name and the date that they signed the receipt indicating their acceptance of the City's personnel handbook. Recommendation: That the City Council provide direction regarding Councilmember Taylor's request for the audit. C. Consideration of State of the City Clarification Letter Mayor Tran has requested that the City Council consider directing staff to send a letter to all residents clarifying that the Rosemead Partners event held on March 19th, which was marketed as "Rosemead's Inaugural State of the City Address", was not an official City sponsored event. In addition, Mayor Tran has submitted documents distributed by Rosemead Partners regarding the event for the City Council to consider when discussing this issue. As part of this discussion, Mayor Tran also would like the City Council to consider partnering with the Chamber of Commerce to host an official Rosemead State of the City Address. 8. ADJOURNMENT The next regular City Council meeting is scheduled to take place on April 8, 2008 at 7:00 pm. Page 7 of 7 I