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CC - Agenda 02-14-12 Steven Ly, Mayor Sandra Armenta, Mayor Pro Tem William Alarcon, Council Member Margaret Clark, Council Member Polly Low, Council Member Rosemead City Council and Housing Development Corporation JOINT MEETING AGENDA February 14, 2012 7:00 PM Council Chamber 8838 E. Valley Boulevard Rosemead, CA 91770 www.cityofrosemead.org Public 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 AND HOUSING DEVELOPMENT CORPORATION MEETING AGENDA February 14, 2012 Page 2 of 8 City Council and Housing Development Corporation Joint Meeting Agenda CALL TO ORDER – 7:00 PM PLEDGE OF ALLEGIANCE – Council Member Clark INVOCATION – Council Member Low ROLL CALL: o City Council – Mayor Ly, Mayor Pro Tem Armenta, Council Members Alarcon, Clark, Low o Housing – President Ly, Vice-President Armenta, Directors Alarcon, Clark, Low 1. ORDINANCES READ BY TITLE ONLY State law requires that all ordinances be read in full prior to the City Council taking action; however, by motion, unanimously adopted, the City Attorney can be instructed to read all ordinances by title only. Recommendation: That the City Attorney be instructed to read all ordinances which appear on this agenda by title only, and that further reading be waived. 2. PUBLIC COMMENTS FROM THE AUDIENCE The City Council will receive public comments on matters not listed on the agenda. 3. PUBLIC HEARINGS A. Public Hearing on the Fiscal Year 2012-13 Action Plan for Federally-Funded Programs The City Council will conduct its required annual public hearing regarding the projected use of federal Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds for the upcoming 2012-2013 fiscal year. The U.S. Department of Housing and Urban Development (HUD) has not yet announced the final amounts to be allocated to participating communities; however, cities have been warned that Congress will make severe cuts to these programs – an expected 35.6% in Rosemead’s CDBG allocation and 25% decrease in HOME funds. The drastic funding reduction to the CDBG program will result in reduced funding for the City’s Senior Nutrition Lunch program currently operated at the Garvey Community Center and the Rosemead Community Recreation Center. Due to the funding reductions, it may be necessary to consolidate the City’s two Senior Nutrition Lunch programs into a single location. ROSEMEAD CITY COUNCIL AND HOUSING DEVELOPMENT CORPORATION MEETING AGENDA February 14, 2012 Page 3 of 8 Under federal regulations, no more than 15% of the CDBG allocation (or an estimated $114,750) can be used for “social service” activities. Written proposals have been received from seven (7) organizations that are current recipients, which include the Family Counseling Services, People for People, Rosemead High School, Rosemead School District, Southern California Housing Rights Center, The Whole Child, and YMCA of West San Gabriel Valley. In addition, proposals have also been submitted by Family Promise and Mentally and Educationally Retarded Citizens, Inc. (Merci). Due to the impending federal funding reductions, allocations to social service agencies will also be reduced or in some cases eliminated. Recommendation: That the City Council conduct a public hearing and take public testimony on the Annual Action Plan covering the period July 1, 2012 – June 30, 2013. No further City Council action is necessary. B. Appeal of Conditional Use Permit 11-14 – 8772 Valley Boulevard On January 17, 2012, the City of Rosemead Planning Commission conducted a duly noticed public hearing for Conditional Use Permit 11-14, a request for a new On-Sale Beer and Wine (Type 41) ABC license in conjunction with a bona fide public eating place, known as Hunan Restaurant, located at 8772 Valley Boulevard, in the C-3D (Medium Commercial with a Design Overlay) zone. The Planning Commission denied CUP 11-14 based on the analysis and findings contained in the Planning Commission’s staff report. On January 19, 2012, the City Clerk’s office received an appeal letter from the applicant, Lan Tan, requesting to appeal the Planning Commission’s decision. Recommendation: That the City Council UPHOLD the Planning Commission’s decision to DENY Conditional Use Permit 11-14 and Adopt Resolution No. 2012-12, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION’S DECISION TO DENY CONDITIONAL USE PERMIT 11-14, A REQUEST FOR A NEW ON-SALE BEER AND WINE (TYPE 41) ABC LICENSE IN CONJUNCTION WITH A BONA FIDE PUBLIC EATING PLACE, LOCATED AT 8772 VALLEY BOULEVARD IN THE C-3D (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE (APN:5390-010-038) ROSEMEAD CITY COUNCIL AND HOUSING DEVELOPMENT CORPORATION MEETING AGENDA February 14, 2012 Page 4 of 8 4. CONSENT CALENDAR A. Claims and Demands Resolution No. CDC 2012 – 04 Recommendation: to approve Resolution No. CDC 2012 – 04 entitled: A RESOLUTION OF THE SUCCESOR AGENCY OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,775,238.64 NUMBERED 11677 THROUGH 11681 INCLUSIVELY Resolution No. HDC 2012 – 02 Recommendation: to approve Resolution No. HDC 2012 – 02 entitled: A RESOLUTION OF THE HOUSING DEVELOPMENT CORPORATION OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,914.30 NUMBERED 1543 THROUGH 1544 INCLUSIVELY Resolution No. 2012 – 13 Recommendation: to approve Resolution No. 2012 – 13 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,916,387.63 NUMBERED 76217 THROUGH 76355 INCLUSIVELY B. Installation of Full Capture Trash System in Catch Basins Projects – Award of Contract As part of the City’s Fiscal Year 2011-12 Capital Improvement Program, the City Council approved the “Installation of Full Capture Trash Systems in Catch Basins Project”, which consists of retrofitting sixty-one (61) of the City’s 661 stormwater catch basins with trash capture devices to prevent infiltration of trash from the storm water system to the waterways. The retrofit of these sixty-one basins is the first phase in retrofitting all catch basins by October 2016 in compliance with the LA River Trash Total Maximum Daily Load (TMDL) and water quality permit mandates. ROSEMEAD CITY COUNCIL AND HOUSING DEVELOPMENT CORPORATION MEETING AGENDA February 14, 2012 Page 5 of 8 Recommendation: That the City Council: 1. Approve the plans and specifications for the project; and 2. Authorize the City Manager to enter into a contract with Time Structure in the amount of $26,960.00 and establish an amount of $4,000 (approximately 15%) to cover the cost of unforeseen construction expenses. C. Approval of Parcel Map No. 71253 – 3333 Delta Avenue Parcel Map No. 71253 is being submitted for consideration and approval prior to the recordation of the parcel map. All conditions of approval and public improvements on the site have been completed to the satisfaction of the Public Works Department. Recommendation: That the City Council approve Parcel Map No. 71253 and direct the City Clerk to arrange for the recordation of the map. D. Right-of-Way Certification for Federally-Funded Projects As part of the City’s 2011-12 Capital Improvement Program budget, the City Council approved a program titled “Hellman/San Gabriel Intersection Improvements”, which consists of the construction of concrete intersection, traffic signal upgrade and appurtenances at the intersection of Hellman Avenue and San Gabriel Boulevard. This project is federally-funded through the Metropolitan Transportation Agency (MTA) and California Department of Transportation (Caltrans). Recommendation: That the City Council approve Resolution No. 2012-11, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AUTHORIZING THE CITY MANAGER, OR THE DIRECTOR OF PUBLIC WORKS, TO EXECUTE RIGHT-OF-WAY CERTIFICATIONS FOR FEDERALLY-FUNDED TRANSPORTATION PROJECTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION E. Resolution No. 2012-02 Authorizing the City Manager, or designee, to accept Irrevocable Offers of Dedication Irrevocable Offers of Dedication (IOD) are made in conjunction with private improvements projects and map subdivisions, usually as a condition of approval related to a project. IODs represent a portion of land/real property that is dedicated by a property owner to the City for a public purpose (such as right-of-way enhancement, sidewalk installation, or planting of street trees). IODs are reviewed by the Public Works Department and subsequently presented to the City Council for consideration. After completion of improvement work (e.g. ROSEMEAD CITY COUNCIL AND HOUSING DEVELOPMENT CORPORATION MEETING AGENDA February 14, 2012 Page 6 of 8 installation of sidewalk, trees), the City can formally accept the offer of real property to be used for public purposes. Approval of the resolution will allow the City Manager or designee to accept IODs on behalf of the City. Such delegation will streamline efforts for processing these items. Recommendation: That the City Council approve Resolution No. 2012-02, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT IRREVOCABLE OFFERS OF DEDICATION F. Sidewalk, Curb and Gutter Replacement Project – Award of Contract As part of the City’s Fiscal Year 2011-12 Capital Improvement Program, the City Council approved the “Sidewalk, Curb and Gutter Replacement Project”, which consists of the repair and replacement of sidewalk, curb and gutter in various locations in the City. This project will improve American with Disabilities Act (ADA) compliance and is funded through gas tax monies. Due to the current competitive construction climate, the successful bid received was lower than anticipated and budgeted. It is therefore prudent to take advantage of the low prices received and add additional sidewalk locations to this project. Additional locations will be added based on the City’s Sidewalk, Curb and Gutter Repair List. These locations have been compiled with input from the Traffic Commission, the public, and staff observations. Based on this, it is recommended that a 25% contingency amount be allocated to this construction project. The contingency amount is within the limits established in the City Purchasing Policy and will be used to cover unforeseen construction expenses and the installation of additional repair locations. Recommendation: That the City Council: 1. Approve the plans and specifications for the Sidewalk, Curb and Gutter Replacement Project. 2. Authorize the City Manager to enter into a contract with Kormx, Inc. for the Sidewalk, Curb and Gutter Replacement Project in the amount of $142,057. In addition, authorize an amount of $35,000, as a contingency, to cover the cost of additional sidewalk locations and unforeseen construction expenses. G. Resolution No. 2012-14 – Proclaiming Termination of Local Emergency On December 1, 2011, the Director of Emergency Services proclaimed a local emergency existed in the City of Rosemead. The City Council ratified said action on December 5, 2011, as a result of conditions of extreme peril to the safety of persons and property caused by high winds. At this time it is appropriate to proclaim the termination of said local emergency. ROSEMEAD CITY COUNCIL AND HOUSING DEVELOPMENT CORPORATION MEETING AGENDA February 14, 2012 Page 7 of 8 Recommendation: That the City Council approve Resolution No. 2012-14, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, PROCLAIMING TERMINATION OF LOCAL EMERGENCY 5. MATTERS FROM CITY MANAGER & STAFF A. Mid-Year Budget Update The City Council will be provided with a FY 2011-12 mid-year budget update presentation along with a brief economic look towards the upcoming fiscal year. The recently updated Strategic Plan identifies key goals and objectives to ensure long-term fiscal sustainability and staff has been working to ensure that these are met. However, recent actions taken by State lawmakers to eliminate redevelopment have caused immediate adverse impacts on the stability of the City’s current fiscal year and beyond. At this time, efforts are being made to mitigate the need to draw from the General Fund reserve balance at a rate of approximately $100,000 per month in order to maintain existing service levels. Aside from the impacts of the deficits created by the State, the General Fund revenues have proven to be stable and are generally in line with budget projections. Assessed property values are expected to moderately increase this year, sales tax revenue is projected to meet budget expectations and most other revenues have not varied significantly from budget estimates. Recommendation: That the City Council approve receive and file the mid-year update. 6. MATTERS FROM MAYOR & CITY COUNCIL A. Oversight Board Appointments The City Council will consider the appointment of two individuals to serve on the Oversight Board for the Successor Agency of the former Rosemead Community Development Commission. One Oversight Board Member will be appointed by the Mayor to represent the City. The other Board Member will be appointed by the Mayor from the ranks of the Rosemead Employees Association to represent the employees of the former Rosemead Community Development Commission. Recommendation: That the City Council provide direction or take action as it deems appropriate. ROSEMEAD CITY COUNCIL AND HOUSING DEVELOPMENT CORPORATION MEETING AGENDA February 14, 2012 Page 8 of 8 7. CLOSED SESSION A. Conference with Legal Counsel – Potential Litigation Government Code Section 54956.9 (b): 1 matter 8. ADJOURNMENT The next regular City Council meeting is scheduled to take place on February 28, 2012 at 7:00 p.m.