CC - Minutes - 02-14-12Minutes 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 8838 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 Tern Armenta, Directors /Council Members
Alarcon, Clark and Low
STAFF PRESENT: City Manager Allred, City Attorney Richman, Assistant City Manager Hawkesworth,
Acting Community Development Director Ramirez, Director of Finance Brisco, Director of Parks and
Recreation Montgomery-Scott, Public Works Director Marcarello, and City Clerk Molleda
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.
Director /Council Member Polly Low made a motion, seconded by Vice- PresidentlMayor Pro Tern
Sandra Armenta, to approve ordinances by title only. Vote resulted in:
Yes: Alarcon, Armenta, Clark, Low, Ly
No: None
Abstain: None
Absent: None
2. PUBLIC COMMENTS FROM THE AUDIENCE - None
3. PUBLIC HEARINGS
Agenda Item 3B was moved up for discussion.
Rosemead Housing Development Corporation and City Council Joint Meeting
Minutes of February 14, 2012
Page 1 of 11
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 -31)
(MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE
(APN: 5390 - 010 -038)
Executive Director /City Manager Allred gave a brief summary of the staff report.
Assistant Planner Lily Trinh explained that on January 17th the Rosemead Planning Commission conducted a
public hearing for Conditional Use Permit 11 -14 to request a new Type 41 beer and wine license in
conjunction with a bonafide public eating place known as Hunan Restaurant. After hearing all the testimony
on this item the request was denied by the Planning Commission. The applicant submitted a letter to the City
Clerk's Office appealing the Commission's decision. The Commission denied the permit due to the following
reasons: After a site inspection was conducted by the Planning Division, the Chief of Police, and Code
Enforcement it was revealed that the floor plan submitted is a misrepresentation of the current restaurant
layout. The front eating area is well lit and is consistent with a family restaurant atmosphere; however, the
rear dining area is configured as a hostess bar setting with dim lighting and lack of dining tables. A hostess
bar is not permitted in the City. Secondly, the actual use of the restaurant as proposed by the applicant
clearly does not meet California Alcohol License and Beverage Control's definition of a bonafide eating place.
The Planning Division, the Chief 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, 2012
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Mr. Allred stated that staff would like to continue the public hearing to March 27 and give the Planning
Division and Public Safety sufficient time to work with the applicant to possibly modify the rear end of the
building.
President/Mayor 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 Director /Council Member William
Alarcon, to continue the Public Hearing on March 27th. Vote resulted in:
Yes: Alarcon, Armenta, Clark, Low, Ly
No: None
Abstain: None
Absent: None
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.
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.
Acting Community Development Director Michelle Ramirez reviewed the staff report.
Rosemead Housing Development Corporation and City Council Joint Meeting
Minutes of February 14, 2012
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 attendance of diverse families in
the parenting classes have increased and thanked the City Council for supporting the program.
Norene Rand — Director of People for People thanked the City Council for their continued support and
funding which has provided two part -time employees and services for over 75 Rosemead families.
Holly Knapp — Representative of People for People thanked the City Council for their support and the City
assistance during Christmas season that helped many families.
Leonor Ortega — Representative of the Housing Rights Center stated that their program provides many
services to landlords and tenants in the City of Rosemead.
Charlene Dimas Peinado — Chief Executive Officer of the Whole Child program stated they provide
homeless family services to families that need housing assistance.
Martha Escanuelas — Representative of Mentally and Educationally Retarded Citizens, Inc., thanked City
Council for considering their application for CDGB funding and added that they provide services to multi -
handicap, non - verbal patients to improve their quality of life.
President/Mayor Ly closed the Public Hearing at 7:37 p.m. No further action was required at this time.
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
Rosemead Housing Development Corporation and City Council Joint Meeting
Minutes of February 14, 2012
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. 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.
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.
Juan Nunez — asked if gardeners are required to obtain permits because of the concern of blowing trash on
the street.
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, 2012
Page 5 of 11
Director /Council Member Clark expressed concern that the catch basins may have unintended
consequences and clog the storm drains.
Executive DirectorlCity 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 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.
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.
Rosemead Housing Development Corporation and City Council Joint Meeting
Minutes of February 14, 2012
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,
MANAGER OR DESIGNEE
OFFERS OF DEDICATION
AUTHORIZING THE CITY
TO ACCEPT IRREVOCABLE
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✓o 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.
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
Rosemead Housing Development Corporation and City Council Joint Meeting
Minutes of February 14, 2012
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 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.
Finance Director Brisco reviewed the staff report and presented a brief PowerPoint presentation
PowerPoint presentation is available in the City Clerk's office for public view.
Executive Director Allred reiterated that the City Council previously adopted five principles as part of the
City's annual budget and strategic plan to help approach and maintain responsibility to the community and
oversee financial responsibilities.
Finance Director Brisco explained that the legislation also passed Senate Bill 89, which eliminated Vehicle
License Fees; these are fees that cities collected, resulting 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 SB89.
Rosemead Housing Development Corporation and City Council Joint Meeting
Minutes of February 14, 2012
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.
President/Mayor Ly clarified that SB654 was passed by the legislators and the bill is considered a non -
urgency bill; therefore, will not take effect until 2013.
Assistant City Manager Hawkesworth explained that Assembly Bill 1585 had not been approved which
contains the urgency language that resulted in removing the urgency language from SB654. He added that
the bill supports low income and only secures the existing fund balance and does not authorize any new
funding.
Finance Director Brisco continued with the presentation and explained that in order to maintain financial
stability the City will have to control cost, staff adjustments to programs, renegotiate with contractors, limit
traveling and meeting expenses, update fee schedules, and seek highest yield investments.
Director /Council Member Polly Low made a motion, seconded by Vice-President/Mayor Pro Tern
Sandra Armenta, to receive and file the mid -year budget update. Vote resulted in:
Yes: Alarcon, Armenta, Clark, Low, Ly
No: None
Abstain: None
Absent: None
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.
Executive Director /City Manager Allred reviewed the staff report.
Rosemead Housing Development Corporation and City Council Joint Meeting
Minutes of February 14, 2012
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-President/Mayor Pro Tern
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 board member to the Oversight
Committee.
Director/Council Member William Alarcon made a motion, seconded by Director /Council Member
Margaret Clark, to appoint Administrative Assistant Martin Jones to the Oversight Committee. Vote
resulted in:
Yes: Alarcon, Armenta, Clark, Low, Ly
No: None
Abstain: None
Absent: None
Director /Council Member Clark asked for the meeting to adjourn in memory of Xavier Quintanilla, who
passed away.
President% Mayor Ly explained that six years ago this month his father was diagnosed with cancer and lost
his battle a year after that. Mr. Ly explained that he had shaved his hair off as a way to honor his father and
an opportunity to raise money for Relay for Life, which the City of Rosemead participates in every year. He
urged the public to log into the website to donate to this cause and participate in the City's Relay for Life
event to be held on June 9m.
President/Mayor Ly adjourned the Housing Development Corporation and City Council meeting to closed
session at 8:08 p.m.
CLOSED SESSION
A. Conference with Legal Counsel — Potential Litigation
Government Code Section 54956.9 (b):1 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, 2012
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.
I:i►%
ATTEST:
Gloria Molleda
City Clerk
Rosemead Housing Development Corporation and City Council Joint Meeting
Minutes of February 14, 2011
Page 11 of 11
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk for the Rosemead City, do hereby certify that the meeting
minutes from February 14, 2012, were duly and regularly approved and adopted by the Rosemead
City Council on the 13th of March 2012, by the following vote to wit:
Yes: Alarcon, Armenia, Clark, Low, Ly,
No: None
Abstain: None
Absent: None
4 ;. W LAA
G oria Molleda
City Clerk