CC - Agenda - 03-27-12Public 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.
REVISED
Rosemead
City Council
MEETING AGENDA
March 27, 2012
7:00 PM
Council Chamber
8838 E. Valley Boulevard
Rosemead, CA 91770
www.cityofrosemead.org
Steven Ly, Mayor
Sandra A►menta, Mayor Pro Tem
William Alarcon, Council Member
Margaret Clark, Council Member
Polly Low, Council Member
ROSEMEAD CITY COUNCIL MEETING AGENDA
March 27, 2012
City Council
Meeting Agenda
CALL TO ORDER-7:00 PM
• PLEDGE OF ALLEGIANCE— Mayor Pro Tern Armenta
• INVOCATION —Council Member Alarcon
• ROLL CALL:
o City Council —Mayor Ly, Mayor Pro Tern Armenta, Council Members 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. 1 1
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. PRESENTATIONS
Earthquake Preparedness Month Proclamation
• Recognition to outgoing Mayor and Mayor Pro Tern
Page 2 of 7
ROSEMEAD CITY COUNCIL MEETING AGENDA
March 27, 2012
4. PUBLIC HEARING
A. Appeal of Conditional Use Permit 11 -14 Denial — 8772 Valley Boulevard
On January 17, 2012, the Planning Commission conducted a public hearing for Conditional
Use Permit 11 -14 (CUP 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. The
restaurant is 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 applicant, Lan Tan, requesting to appealed the Planning
Commission's decision.
The City Council opened a public hearing for the appeal of CUP 11 -14 on February 14, 2012.
At that time the applicant asked the City Council to postpone the public hearing so that he
could continue to work with staff to address all the issues raised by staff and the Planning
Commission. The Council approved his request, and the hearing was continued to March
27.2012.
On March 8, 2012, staff received a second letter from the applicant requesting an additional
60 days to address the City's concerns.
Recommendation: That the City Council CONTINUE the public hearing for the appeal of
CUP 11 -14 to June 12, 2012.
B. Approval of Entertainment Permit for Cafe Cau Vong — 3365 Walnut Grove Avenue, #B
On March 13, 2012, the City Council continued a public hearing on an application for an
Entertainment License for the operation of a Karaoke machine between the hours of 8:00
p.m. and 12:00 a.m., daily, at Cafe; Cau Vong On March 20, 2012, the owner of Cafe Cau
Vong withdrew his application aril - requested that the City Council take no further action.
Recommendation: No further action is necessary
5. CONSENT CALENDAR
A. Minutes
March 13, 2012 — Special Meeting
B. Claims and Demands
• Resolution No. 2012-19
Page 3 of 7
ROSEMEAD CITY COUNCIL MEETING AGENDA
March 27, 2012
Recommendation: to approve Resolution No. 2012 —19 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS
IN THE SUM OF $974,099.38 NUMBERED 76680 THROUGH
76804 INCLUSIVELY
C. Release of Cash Deposit — Parcel Map 68743
A Faithful Performance Bond and a Labor and Materials Bond were required to guarantee
construction sewer laterals, curb and gutter, sidewalk, parkway drains, plant street trees, and
install survey monuments for Parcel Map 68743. In lieu of bonds, a cash deposit was issued
to the City in the amount of $8,250.00. All improvements have been completed to the
satisfaction of the Public Works Department and there is no reason why the cash deposit
should not be released.
Recommendation: That the City Council accept the public improvements and survey
monuments and refund the cash deposit to Melody Hong.
D. Approval of Undertaking Agreement for Parcel Map No. 71294— 9223 Rose Street
Parcel Map 71294 is being submitted for consideration and approval along with an
undertaking agreement to guarantee construction of public improvements subsequent to the
recordation of the parcel map.
Recommendation: That the City Council approve Parcel Map No. 71294 and the
undertaking agreement and direct the City Clerk to arrange for the recordation of the final
map.
E. Residential Street Resurfacing Project — Award of Contract
As a part of the City's Capital Improvement Program, the City Council approved a project
titled, "Residential Resurfacing Project", which consists of asphalt concrete overlay and
reconstruction of road pavement and repairs to damaged curb, sidewalk, and gutter
locations. The project is funded through Proposition 1 B and Gas Tax funds.
Recommendation: That the City Council:
1. Approve the plans and specifications for the Residential Street Resurfacing Project; and
2. Authorize the City Manager to enter into a contract with All American Asphalt for the
Residential Street Resurfacing Project in the amount of $866,000.00, and establish a
contingency in the amount of 10% of the bid ($86,600) to cover any unforeseen
construction expenses.
Page 4 of 7
ROSEMEAD CITY COUNCIL MEETING AGENDA
March 27. 2012
F. Vietnamese American Heritage and Freedom Flag
The Vietnamese Refugee Community of Los Angeles County is requesting that the
Rosemead City Council support the Vietnamese American citizens of the City of Rosemead
by adopting Resolution No. 2012 -19 acknowledging the Vietnamese American Heritage and
Freedom Flag as a symbol of freedom and democracy in Vietnam. In addition, the
Vietnamese Refugee Community of Los Angeles County would like the City Council to allow
them to display the flag side by side with the American flag on the light posts on Valley
Boulevard (from Walnut Grove to Mission Drive) from Saturday, April 28, 2012 thru Saturday,
May 5, 2012. The display of the Vietnamese American Heritage Freedom Flag and the
United States Flag in this manner is consistent with the protocol specified in the United
States Flag Code.
Recommendation: That the City Council approve Resolution No. 2012 -19, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, ACKNOWLEGING THE
VIETNAMESE AMERICAN HERITAGE AND FREEDOM FLAG
AS A SYMBOL OF FREEDOM AND DEMOCRACY IN VIETNAM
6. MATTERS FROM CITY MANAGER & STAFF
A. CDBG and HOME Programs Annual Action Plan for Fiscal Year 2012.13
Due to fiscal austerity actions taken by the federal government, the City of Rosemead will
incur a 34.25% cut to its current $1,037,683 allocation of Community Development Block
Grant (CDBG) funds and a 52.39% cut to its current $480,683 HOME Investment
Partnerships (HOME) funds. This means the total funds available in the FY 2012 -13 for
CDBG will be reduced to $682,256 and for HOME will be reduced to $228,955. The drastic
funding reduction to the CDBG program will result in a $48,000 cut to the City's Senior
Nutrition Lunch program currently operated at the Garvey Community Center and the
Rosemead Community Recreation Center. Due to this funding reduction, the consolidation
of the two Senior Nutrition Lunch programs into a single location will be necessary. In
addition, due to the CDBG funding reduction, allocations to social service agencies will be
reduced or in some cases eliminated...
Under federal regulations, no more than 15% of the FY 2012 -13 CDBG allocation (or
$102,338) can be used for "social service" activities. This is $53,314 less than the current
grant allocation. In addition to the Senior Nutrition Lunch program operated by the Parks
and Recreation Department, written proposals were received from eight (8) other
organizations that could qualify under the "social service" activity cap with requests totaling
$205,355. Unfortunately, the drastic cut to the CDBG program will prohibit the funding of
many of these activities while others will be severely reduced as shown in the following table.
Page 5 of 7
ROSEMEAD CITY COUNCIL MEETING AGENDA
March 27, 2012
PROJECT
Family Counseling Services
Family Promises (Homeless services)
Merci Housing
People for People
Rosemead High School
Rosemead School District
Senior Nutrition Lunch Program
The Whole Child (Homeless Services)
YMCA of W. San Gabriel Valley
TOTAL
SOCIAL SERVICES BUDGET AND REQUESTS
1 15% Cap $ 155,649.00 $ 102,338.00 $ 102,338.00
1_ Anticipated Program Income ___________ ; _$ -------- 15,520.00______ $_____________9,000.00 - - - - -- t_$____________ 9,000.00________;
TOTAL SOCIAL SERVICE CAP $ 171,169.00 ! $ 111,338.00 $ 111,338.00
---------------------------------- - - - - -- ----------------- ---- - - - - -- --------------------------- - - - - -- --------------------- --- - - - - -'
Difference $ 0.00 $ (94,017.00) $ 0.00
*Increased costs are due to payment of salaries related to the program that were previously paid by CDBG Planning and Administration funds.
In addition, the General Fund will contribute $108,670 towards this program.
The cut to CDBG funding will also have a negative affect on the amount allowable for
Planning and Administrative services. No more than 20% or $136,451 of the FY 2012 -13
grant amount can be used for Planning and Administrative services, which is a reduction of
$71,086 from the current FY grant. As a result, several personnel salaries and benefits once
paid under the Planning and Administrative services cap must be reduced, moved into
another CDBG activity, or eliminated.
Recommendation: That the City Council receive public input, review, and approve the
CDBG and HOME funding recommendations for inclusion in the City's FY 2012 -2013 Annual
Action Plan. Final City Council approval of the FY 2012 -13 Annual Action Plan will be
scheduled for the April 24, 2012 City Council meeting.
7. MATTERS FROM MAYOR & CITY COUNCIL
8. CITY COUNCIL REORGANIZATION
This is the time for the Council to reorganize by appointing a Mayor and Mayor Pro Tern, respectively for
one -year terms.
A. Appointment of Mayor— City Clerk Presiding
B. Appointment of Mayor Pro Term — Newly appointed Mayor Presiding
Page 6 of 7
2011 -12
Approved Budget
$
39,000
$
10,000
$
5,000
$
27,345
$
10,000
$
7,000
$
77,824
$
5,000
$
5,000
$
171,169.00
1 15% Cap $ 155,649.00 $ 102,338.00 $ 102,338.00
1_ Anticipated Program Income ___________ ; _$ -------- 15,520.00______ $_____________9,000.00 - - - - -- t_$____________ 9,000.00________;
TOTAL SOCIAL SERVICE CAP $ 171,169.00 ! $ 111,338.00 $ 111,338.00
---------------------------------- - - - - -- ----------------- ---- - - - - -- --------------------------- - - - - -- --------------------- --- - - - - -'
Difference $ 0.00 $ (94,017.00) $ 0.00
*Increased costs are due to payment of salaries related to the program that were previously paid by CDBG Planning and Administration funds.
In addition, the General Fund will contribute $108,670 towards this program.
The cut to CDBG funding will also have a negative affect on the amount allowable for
Planning and Administrative services. No more than 20% or $136,451 of the FY 2012 -13
grant amount can be used for Planning and Administrative services, which is a reduction of
$71,086 from the current FY grant. As a result, several personnel salaries and benefits once
paid under the Planning and Administrative services cap must be reduced, moved into
another CDBG activity, or eliminated.
Recommendation: That the City Council receive public input, review, and approve the
CDBG and HOME funding recommendations for inclusion in the City's FY 2012 -2013 Annual
Action Plan. Final City Council approval of the FY 2012 -13 Annual Action Plan will be
scheduled for the April 24, 2012 City Council meeting.
7. MATTERS FROM MAYOR & CITY COUNCIL
8. CITY COUNCIL REORGANIZATION
This is the time for the Council to reorganize by appointing a Mayor and Mayor Pro Tern, respectively for
one -year terms.
A. Appointment of Mayor— City Clerk Presiding
B. Appointment of Mayor Pro Term — Newly appointed Mayor Presiding
Page 6 of 7
2012.13
Request
$
40,000
$
10,000
$
5,000
$
27,345
$
10,000
$
7,000
$
93,010
$
8,000
$
5,000
$
205,355.00
1 15% Cap $ 155,649.00 $ 102,338.00 $ 102,338.00
1_ Anticipated Program Income ___________ ; _$ -------- 15,520.00______ $_____________9,000.00 - - - - -- t_$____________ 9,000.00________;
TOTAL SOCIAL SERVICE CAP $ 171,169.00 ! $ 111,338.00 $ 111,338.00
---------------------------------- - - - - -- ----------------- ---- - - - - -- --------------------------- - - - - -- --------------------- --- - - - - -'
Difference $ 0.00 $ (94,017.00) $ 0.00
*Increased costs are due to payment of salaries related to the program that were previously paid by CDBG Planning and Administration funds.
In addition, the General Fund will contribute $108,670 towards this program.
The cut to CDBG funding will also have a negative affect on the amount allowable for
Planning and Administrative services. No more than 20% or $136,451 of the FY 2012 -13
grant amount can be used for Planning and Administrative services, which is a reduction of
$71,086 from the current FY grant. As a result, several personnel salaries and benefits once
paid under the Planning and Administrative services cap must be reduced, moved into
another CDBG activity, or eliminated.
Recommendation: That the City Council receive public input, review, and approve the
CDBG and HOME funding recommendations for inclusion in the City's FY 2012 -2013 Annual
Action Plan. Final City Council approval of the FY 2012 -13 Annual Action Plan will be
scheduled for the April 24, 2012 City Council meeting.
7. MATTERS FROM MAYOR & CITY COUNCIL
8. CITY COUNCIL REORGANIZATION
This is the time for the Council to reorganize by appointing a Mayor and Mayor Pro Tern, respectively for
one -year terms.
A. Appointment of Mayor— City Clerk Presiding
B. Appointment of Mayor Pro Term — Newly appointed Mayor Presiding
Page 6 of 7
2012 -13
Recommended Budget
$
6,000
$
5,000
$
7,328
$
93,010*
$
111,338.00
1 15% Cap $ 155,649.00 $ 102,338.00 $ 102,338.00
1_ Anticipated Program Income ___________ ; _$ -------- 15,520.00______ $_____________9,000.00 - - - - -- t_$____________ 9,000.00________;
TOTAL SOCIAL SERVICE CAP $ 171,169.00 ! $ 111,338.00 $ 111,338.00
---------------------------------- - - - - -- ----------------- ---- - - - - -- --------------------------- - - - - -- --------------------- --- - - - - -'
Difference $ 0.00 $ (94,017.00) $ 0.00
*Increased costs are due to payment of salaries related to the program that were previously paid by CDBG Planning and Administration funds.
In addition, the General Fund will contribute $108,670 towards this program.
The cut to CDBG funding will also have a negative affect on the amount allowable for
Planning and Administrative services. No more than 20% or $136,451 of the FY 2012 -13
grant amount can be used for Planning and Administrative services, which is a reduction of
$71,086 from the current FY grant. As a result, several personnel salaries and benefits once
paid under the Planning and Administrative services cap must be reduced, moved into
another CDBG activity, or eliminated.
Recommendation: That the City Council receive public input, review, and approve the
CDBG and HOME funding recommendations for inclusion in the City's FY 2012 -2013 Annual
Action Plan. Final City Council approval of the FY 2012 -13 Annual Action Plan will be
scheduled for the April 24, 2012 City Council meeting.
7. MATTERS FROM MAYOR & CITY COUNCIL
8. CITY COUNCIL REORGANIZATION
This is the time for the Council to reorganize by appointing a Mayor and Mayor Pro Tern, respectively for
one -year terms.
A. Appointment of Mayor— City Clerk Presiding
B. Appointment of Mayor Pro Term — Newly appointed Mayor Presiding
Page 6 of 7
ROSEMEAD CITY COUNCIL MEETING AGENDA
March 27, 2012
9. CLOSED SESSION
A. Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9 (a):
Cal Poultry v. City of Rosemead Case No. USDC CV12 -02409
B. Conference with Legal Counsel= Potential Litigation
Government Code Section 54956.9 (b): 1 matter
C. Conference with Labor Negotiators
Government Code Section 54957.6;
Negotiators for the City: City Manager Jeff Allred; and
Assistant City Manager Matt Hawkesworth
10. ADJOURNMENT
The next regular City Council meeting is scheduled to take place on April 10, 2012 at 7:00
p.m. in the Garvey Community Center located at 9108 Garvey Avenue.
Page 7 of 7