CC - Item No. 4A - Minutes 2-14-12Minutes of the
Joint City Council,
and
Housing Development Corporation
February 14, 2012
The Joint meeting of the Rosemead Housing Development Corporation and City Council was called to order
by Mayor Ly at 7:08 p.m. in the Rosemead City Council Chamber located at 8830 East Valley Boulevard,
Rosemead, California.
PLEDGE OF ALLEGIANCE: Director/Council Member Clark
INVOCATION: Director/Council Member Low
PRESENT: President/Mayor Ly, Vice- President/Mayor Pro,T6m Armenta,
Alarcon, Clark and Lowf
STAFF PRESENT: City Manager Allred, City Attorney Richmah
Acting Community Development Director Ramirez Director of Fir
Recreation Montgomery- Scott, Public Works Director Marcarello,
1. ORDINANCES READ BY TITLE ONLY
State law requires
by motion, unanim
only. t
Recommendation:
to
Alarcon,
2. PUBLIC
3. PUBLIC HEARINGS
Low, Ly
FROM THE AUDIENCE - None
Agenda Item 3B was moved up for discussion.
Rosemead Housing Development Corporation and City Council Joint Meeting
Minutes of February 14, 2011
Page 1 of 11
ces be real 1g, full prior ti
the City Attorney can be
r Manager Hawkeswc
Director of Parks and
k Molleda
Council taking action; however,
J to read all ordinances by title
be insjrh ctedto read all ordinances which appear on this
a motion, seconded by Vice- PresidentlMayor Pro Tern
y =fitle only. Vote resulted in:
ITEM N®. N.�.
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
Tan, requesting to appeal the Planning Commission's dl
Recommendation: That the City Council UPHOLD the, Planning:
DENY Conditional Use Permit 11 -14 and Adopt�'FQolution No. 20
the applicant, Lan
's decision to
A RESOLUTION OF THE CITYW EOUNCIL 9F THE CITY Ol
ROSEMEAD, CALIFORNIA; DEN}! fJG THE { } fAPPEAL AND
UPHOLDING THE PLANNING COM' itsioN'S DECISION TO
DENY CONDITIONAL USE PERMIT 11= 1`4 REQUEST FOR A
NEW ON -SALE BEEI24ND WINE (TYPE 41) ABC LICENSE IN
CONJUNCTION WITH.A I30pA.FIDE PUBLIC'EATING PLACE,
LOCATED AT 8772 VALLLY'�SQULEVARD !� fHE C -3D
(MEDIUM COMMERCIAL; WITH,A %tSE IQN QV'RIL ZONE
(APN:,539Q-010.038)
Executive Director /City 1an�gerAllred,g'ave a brief surnMary of the staff report.
Assistant Planner Lily Trinh explained on January 171 Rosemead Planning Commission conducted a
public hearing fpf Gondtional Us2s.petmit 1 i =14Ftg r a new Type 41 beer and wine license in
conjuncfiogwilthl'a"b"on'qfidoppublic esttng place known` "as Hunan Restaurant. After hearing all the testimony
on this itern`the request was'denied by'thbrPlanrijing Commission. The applicant submitted a letter to the City
Clerk," Officg appealing the Cornmission's dbd1 on. The Commission denied the permit due to the following
reasons After;a site inspection was condycted by the Planning Division, the Chief of Police, and Code
Enforcement it W2s thaltl e floor plan submitted is a misrepresentation of the current restaurant
layout. The front eating area is Welt lit and is consistent with a family restaurant atmosphere; however, the
rear dining area is co>7fjj ured as hostess bar settog with dim lighting and lack of dining tables. A hostess
bar is not permitted in `the Ciky °MSecondI , the actual use of the restaurant as proposed by the applicant
clearly does not meet Cal'rforriia Alcohol License and Beverage Control's definition of a bonafide eating place.
The Planning Division, tlfe of Police and Code Enforcement have tried to work with the applicant to
modify the floor plan of the rear area into a family restaurant atmosphere; however, the applicant indicated
that he did not want to modify the floor plans. Therefore, staff is recommending that the City Council uphold
the Planning Commission's decision to deny the Conditional Use Permit 11 -14 and approve Resolution 2012-
12.
Lan Tan — Restaurant owner asked that the City Council postpone the public hearing to try to work with staff
and remodel the back portion of the restaurant.
Rosemead Housing Development Corporation and City Council Joint Meeting
Minutes of February 14, 2011
Page 2 of 11
Mr. Allred stated that staff would like to continue the public hearing to March 27th and give the Planning
Division and Public Safety sufficient time to work with the applicant to possibly modify the rear end of the
building.
PresidenNMayor Ly opened the Public Hearing at 7:15 p.m.; there being no comments President/Mayor Ly
continued the Public Hearing to the March 27, 2012 City Council meeting.
Director /Council Member Polly Low made a motion, seconded by Dir
Alarcon, to continue the Public Hearing on March 27th. Vote resulted
Yes: Alarcon, Armenta, Clark, Low, Ly
No: None
Abstain: None
Absent: None
A. Public Hearing on the Fiscal Year
The City Council will conduct its
of federal Community Developer
(HOME) funds for the upcoming
and Urban Development (HUD)
participating communities; how(
cuts to these programs — an exl
decrease in'HOM< funds. The
required annual publiq
ent,Block Grant (CD ' f
01�L20.,13 fiscal year.
for tho ity's Senior
rity Center and the F
funding
fiR7
in
Member William
Programs
ig regarding the projected use
HOME Investment Partnership
J,Si�Department of Housing
j'al�amounts to be allocated to
that Congress will make severe
CDBG allocation and 25%
reduction to the CDBG program will result in
Lunch program currently operated at the
I Community Recreation Center. Due to the
isolidate the City's two Senior Nutrition Lunch
Under more than 15% of the CDBG allocation (or an estimated
$114,750) can�pp used for NS "ocial service" activities. Written proposals have been received
from seven (7) °otgamzatiohg that are current recipients, which include the Family Counseling
,Services People „fir People, Rosemead High School, Rosemead School District, Southern
t;aldornia Hou cg 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
Educatipp�lly,;Retarded Citizens, Inc. (Merci). Due to the impending federal funding
reducti onsl'allocations to social service agencies will also be reduced or in some cases
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.
Acting Community Development Director Michelle Ramirez reviewed the staff report.
Rosemead Housing Development Corporation and City Council Joint Meeting
Minutes of February 14, 2011
Page 3 of 11
President/Mayor Ly opened the Public Hearing at 7:20 p.m.
George Nalbach — Representative of Santa Anita Family Services explained that CDGB funds received are
used to offer family counseling and a variety of other services to Rosemead families.
John Lovato — Representative of the Rosemead School District stated that the CDGB funding helps to
provide parents and students with parenting classes, conflict resolution, and educating parents and students
to raise achievements.
Ron Esquivel — Representative of the Rosemead School District stated that'attendante of diverse families in
the parenting classes have increased and thanked the City Council for suppothng the program.
Norene Rand — Director of People for People thanked the City Council =for their contmyed support and
funding which has provided two part -time employees and servas,es "tor over 75 Rosemo
Holly Knapp — Representative of People for People thanked the City Council for their sup and'the City
assistance during Christmas season that helped many
Leonor Ortega — Representative of the Housing Rights Center state, their program provides many
services to landlords and tenants in the City offRosemead.
Charlene Dimas Peinado — Chief Executive Officer of'tha Whole Child program stated they provide
homeless family services to families that need housing assistane'x N
Martha Escanuelas — Repr6sedtative1of Mentally and ducationallybRetarded Citizens, Inc., thanked City
Council for considering theif application for CDGB funding and added that they provide services to multi -
handicap, non - verbal pafiertfe<to impro" e' t4eir quality of life, e t'
the No further action was required at this time.
4.
Claims and
CDC 2012 — 04
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
Rosemead Housing Development Corporation and City Council Joint Meeting
Minutes of February 14, 2011
Page 4 of 11
• 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.
A RESOLUTION OF THE CITY CC,UNCILaOF THE
ROSEMEAD ALLOWING CERTAIN CLAIMS AND I
IN THE SUM OF $1,916,387,§3`NCJ IBERED,76217 1
76355 INCLUSIVELY t" qtr,
B. Installation of Full Capture,Trash System in Cat0h, ,,asins Projects — Award of
Contract r
As part of the City's Fiscal Year 2011 12yepil ImprovemprltProgram, the City Council
approved the "Installation of Full Cspt e t rash, !stems m Catch Basins Project', which
consists of retrofitting sixty -one (61) ottpe "City's 66'I�stormwater catch basins with trash
capture devte'es td infiltrat on cf trash from thti storm water system to the waterways.
The retrofit of these on ii is'the first phase in retrofitting all catch basins by
FF.
October 20 In compliance with the LA`f ivervTrash Total Maximum Daily Load (TMDL) and
water quality "permit rnaridatee; `Pl
the City
for the project; and
Authorize
Juan Nunez — asked if
the street.
ty Manager to enter into a contract with Time Structure in the amount of
establish an amount of $4,000 (approximately 15 %) to cover the cost of
;truction expenses
are required to obtain permits because of the concern of blowing trash on
President/Mayor Ly explained that the unfunded mandate is from the Environmental Protection Agency,
which requires cities to capture the incoming water from storm drains.
Director of Public Works Marcarello stated that the catch basins are to regulate trash being dumped in storm
drains.
Rosemead Housing Development Corporation and City Council Joint Meeting
Minutes of February 14, 2011
Page 5 of 11
DirectorlCouncil Member Clark expressed concern that the catch basins may have unintended
consequences and clog the storm drains.
Executive Director /City Manager Allred explained that the cost to install the storm drains will be $27,000.
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 on the
site have been completed to the satisfaction of the PublicUoYCcs Department,
Recommendation: That the City. Council approve Par 11 Ma` t N 71253 and direct the City
Clerk to arrange for the recordation of the map.
D. Right-of-Way Certification for Federally,,Fffhded Projects
g. As part of the City's 2011 -12 Capital Improveeltt Proglarrw.,budget, the City C ouncil
approved a program titled "Hellman /San Gabr 3e�section 'Improvements`', which consists
k ,..,,.
of the construction of concrete intersection traffic`si rtaI upgrade and appurtenances at the
intersection of Hellman Avenlje and San Gabriel Bouleyafd. This project is federally- funded
through the Metropolitan Transportaiiop Agency (MTA) arty „G lifornia Department of
Transportation (Caltrans).
That the City C6uQc ltapprove r $olution No. 2012 -11, entitled:
q”,
ICON OF THE CITY COUNCIL OF THE CITY OF
1 „CALIFORNIA, _AUTHORIZING THE CITY
OIt,THE DIRECT,(I7 OF PUBLIC WORKS, TO
r RIGIi�'OFr,WA' CERTIFICATIONS FOR
(FUNDED TRANSPORTATION PROJECTS WITH
)RNIA DEPARTMENT OF TRANSPORTATION
the City Manager, or designee, to accept
of Dedication
Irrevp ,able Offers of Dedication (10D) are made in conjunction with private improvements
protecrs,;and,map subdivisions, usually.as a condition of approval related to a project. IODs
represent€""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.
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 10Ds on behalf of the City. Such delegation will streamline efforts for processing
these items.
Rosemead Housing Development Corporation and City Council Joint Meeting
Minutes of February 14, 2011
Page 6 of 11
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
As part of the City's Fiscal Year 2011 -12 Capital Improvement Program, the City Council
approved the "Sidewalk, Curb and Gutter Replacement Prolect°, 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 fupded through gas tax
monies.
Due to the current competitive construction,, climate, the bid receiyed was lower
than anticipated and budgeted. It is th prudent to,take advantage of t>jlow prices
received and add additional sidewalk locations to,this; projecf 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;jhe and staff observations.
Based on this, it is recommended' at 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 covWunforeseen construction expenses and the
installation of additional repair locations,
the City
1. Approve "the plans and,specificationsfor the Sidewalk, Curb and Gutter Replacement
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 ar, unforeseen construction expenses.
G. Resolution No. 2.012 -14— Proclaiming Termination of Local Emergency
On Decembe”, 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.
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
LOCALEMERGENCY
Rosemead Housing Development Corporation and City Council Joint Meeting
Minutes of February 14, 2011
Page 7 of 11
Vice- President/Mayor Pro Tern Sandra Armenta made a motion, seconded by Director /Council
Member Polly Low, to approve Consent Calendar items. Vote resulted in:
Yes: Alarcon, Armenta, Clark, Low, Ly
No: None
Abstain: None
Absent: None
5. MATTERS FROM CITY MANAGER & STAFF
A. Mid -Year Budget Update
The City Council will be provided with a FY 201
along with a brief economic look towards the 4j
Strategic Plan identifies key goals and objecilvi
staff has been working to ensure that these,, rg,
lawmakers to eliminate redevelopment�have c'
stability of the City's current fiscal year and bey
mitigate the need to draw from the General Fur
G1
coming nscai year i qe
s to ensure long -term tls
met However, recent a
jsed irnii- diate adverse
ind� #At this time. efforts
$100,000 per month in order t4 fnaintain existing s
the deficits created by the State, the Gen..eral Fund
are generally in line with budget projections , Arse:
moderately increase this year, sal tax rev,Qnua is
and most other,avenues have not varied
presentation
fitly updated
ustainability and
j by State
rcts on the
eina made to
balance at a rate of approximately
evels. Aside from the impacts of
i4 proven to be stable and
opg I values are expected to
ted to meet budget expectations
n budget estimates.
the City Couk I approve receive and file the mid -year update.
Finance Director Brisco rewerked; thestaff,report and prek0rited a brief PowerPoint presentation.
City Clerks office for public view.
Execuhve;Dlrector Allred reiterated that thkCify"Council previously adopted five principles as part of the
City's annUbl,budget and strategic plan to,itelp approach and maintain responsibility to the community and
oversee fin ane72fresoonsibilities'
Finance Director Brisr -that the legislation also passed Senate Bill 89, which eliminated Vehicle
License Fees; these areifees that cities collected, resulfing in a $204,000 short fall.
President/Mayor Ly asked if the League of California Cities was taking action regarding the elimination of
Vehicle License Fees, which violates Proposition 22.
Assistant City Manager Hawkesworth stated that a joint lawsuit between the League of California Cities and
some cities have filed preliminary filings against SB$9.
Rosemead Housing Development Corporation and City Council Joint Meeting
Minutes of February 14, 2011
Page 8 of 11
Finance Director Brisco continued with presentation and added that the current general fund expenditures will
cover the remaining redevelopment agency's cost left of $500,000. Mr. Brisco reiterated that management
has limited their supplies and service cost. Some Capital Improvement Project funds are able to accumulate
through Proposition A or Proposition C funds that can be used for other projects. With the dissolution of
redevelopment, came the elimination of low- moderate income housing funds; however, with Senate Bill 654,
it will help preserve some of the housing money but will not come into effect until January 2013.
Director /Council Member Clark asked if SB654 had been approved and signed,,by the Governor.
PresidentlMayor Ly clarified that SB654 was passed by the legislators and bill is `considered a non -
urgency bill; therefore, will not take effect until 2013.
Assistant City Manager Hawkesworth explained that Assembly B
contains the urgency language that resulted in removing the uf0e
the bill supports low income and only secures the existing f,90 b,
funding. ;
Finance Director Brisco continued with the presentation and ezalj
stability the City will have to control cost, staff adjustments to pro(
traveling and meeting expenses, update fee schedules,.and seek
�= d
T a Kt
Director /Council Member Polly Low made a
d
Sandra Sandra Armenta, to receive and file the mid- yearrbudggGupd;
Yes: Alarcon, Armerlta, Clark, Low, t
,!
N o: one „� y
Abstain °: Nones ,
Absent Noi1e
.A F F c-1s = =t ✓ F.
6. MATTER&FROM NCIL
,
Oversight Board,Appointmants
shad not beeh which
iguage from Sbt?4. He added that
and does not ab[tht rize any new
::. %
iat in' to maintain financial
renegotiate with contractors, limit
st?wield investments.
by Vice P1`esident/Mayor Pro Tem
p in:
The City Councl y ill 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. Thi Member will be appointed by the Mayor from the ranks of the
Rosemead 5mployees 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.
Executive DirectorlCity Manager Allred reviewed the staff report.
Rosemead Housing Development Corporation and City Council Joint Meeting
Minutes of February 14, 2011
Page 9 of 11
City Council nominated City Manager Allred as a board member to the Oversight Committee.
Director/Council Member Polly Low made a motion, seconded by Vice•PresidentlMayor Pro Tem
Sandra Armenta, to appoint City Manager Allred to the Oversight Committee. Vote resulted in:
Yes: Alarcon, Armenta, Clark, Low, Ly
No: None
Abstain: None
Absent: None
City Council nominated Administrative Assistant Martin Jones as a
Committee.
Director/Council Member William Alarcon made a m
Margaret Clark, to appoint Administrative Assistant
resulted in:
Yes: Alarcon, Armenta, Clark, Low, Ly
No: None
Abstain: None
Absent: None
Director /Council Member Clark asked for the meeting to
passed away.
Jones to the
to the Oversight
Member
iittee. Vote
of Xavier Quintanilla, who
PresidenbMayor Ly expl reed that sr�f�years ago this m nth his father was diagnosed with cancer and lost
his battle a year after that Mr, Ly expljfjed that he had s ay.,ed his hair off as a way to honor his father and
an opportunity to raise moneyxfor Relay4or
% Life, which the of Rosemead participates in every year. He
urged the public to log i the webSr {e to'ddti`ate,td'thlecause and participate in the City's Relay for Life
event to be. h.61 on U 9.,,
Prestdenf/I l ?yor Ly adjourned�the Housingg0velopment Corporation and City Council meeting to closed
sesslon;A x �;
{ r
7. CLOSED SESSION
FT
A. Conferi3rlCwwifh Legal Counsel 7 Potential Litigation
Government Code Section 5495$.9 (b): t matter
The Housing Development Corporation and City Council reconvened back from closed session with no
reportable actions at 8:24pm.
Rosemead Housing Development Corporation and City Council Joint Meeting
Minutes of February 14, 2011
Page 10 of 11
8. ADJOURNMENT
The meeting adjourned in memory of Xavier Quintanilla at 8:24 p.m. The next regular City Council meeting is
scheduled to take place on February 28, 2012 at 7:00 p.m.
Ly
ATTEST:
Glor
City
Rosemead Housing Development Corporation and City Council Joint Meeting
Minutes of February 14, 2011
Page 11 of 11