CC - Agenda 06-12-12
Sandra Armenta, Mayor Polly Low, Mayor Pro Tem William Alarcon, Council Member Margaret Clark, Council Member Steven Ly, Council Member Rosemead City Council and Housing Development
Corporation JOINT MEETING AGENDA June 12, 2012 7:00 PM City Hall 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 JOINT MEETING AGENDA June 12, 2012 Page 2 of 7 City Council and Housing Development Corporation Joint Meeting Agenda CALL TO
ORDER – 7:00 PM PLEDGE OF ALLEGIANCE – Council Member Alarcon INVOCATION – Council Member Clark ROLL CALL: o City Council – Mayor Armenta, Mayor Pro Tem Low, Council Members Alarcon,
Clark, Ly 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 HEARING A.
Continued Public Hearing – 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 (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.
ROSEMEAD CITY COUNCIL AND HOUSING DEVELOPMENT CORPORATION JOINT MEETING AGENDA June 12, 2012 Page 3 of 7 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. The City Council conducted a duly noticed public hearing for the appeal of CUP 11-14 on February 14, 2012.
During the public hearing Mr. Tan asked the City Council to postpone the public hearing so that he could continue to work with staff to address all the issues raised during the Planning
Commission hearing. The Council unanimously approved his request, and the meeting was continued to March 27, 2012. On March 8, 2012, staff received a request from Mr. Tan, requesting
an additional 60 days to address the City’s concerns. The letter states that he has engaged the services of Mr. Michael Lewis, of Lewis & Company, Inc., to assist in the revisions of
his plans. On March 27, 2012, the City Council unanimously approved his request and extended the public hearing to the June 12th City Council meeting. Since March 27, 2012, staff has
met with the applicant and his consultant several times to discuss possible floor plan revisions. On May 24, 2012, the applicant submitted a letter to the City, requesting an additional
extension of 30 days to work with his consultant and engineer to make necessary revisions to the floor plan. Recommendation: That the City Council continue the public hearing for the
appleal of CUP 11-14 to July 24, 2012. 4. CONSENT CALENDAR A. Minutes March 27, 2012 – Regular Meeting B. Claims and Demands Resolution No. 2012 – 04 Recommendation: to approve Resolution
No. 2012 – 04 entitled: A RESOLUTION OF THE ROSEMEAD HOUSING DEVELOPMENT CORPORATION OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $85.00 NUMBERED 1546 THROUGH
1547 INCLUSIVELY
ROSEMEAD CITY COUNCIL AND HOUSING DEVELOPMENT CORPORATION JOINT MEETING AGENDA June 12, 2012 Page 4 of 7 Resolution No. 2012 – 32 Recommendation: to approve Resolution No. 2012 – 32
entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,409,833.79 NUMBERED 77246 THROUGH 77409 INCLUSIVELY Resolution
No. 2012 – 36 Recommendation: to approve Resolution No. 2012 – 36 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF
$542,465.63 NUMBERED 77459 THROUGH 77532 INCLUSIVELY Resolution No. 2012 – 39 Recommendation: to approve Resolution No. 2012 – 39 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $816,621.12 NUMBERED 77533 THROUGH 77663 INCLUSIVELY C. Approval of Fireworks Stand Locations The City Council will consider
approval of a list of 11 applicants (non-profit organizations) for fireworks sales permits and their respective locations. All deposits have been received and certificates of insurance
are on file. Recommendation: That the City Council approve the list of applicants and their stand locations. D. Mission Drive Resurfacing Project – Award of Contract As a part of the
City’s Capital Improvement Program, the City Council approved a project titled, “Mission Drive Resurfacing”. The project consists of asphalt concrete overlay and reconstruction of road
pavement; repairs to damaged curb, sidewalk, gutter; and the replacement of street name signs. The project is funded through Prop C, Measure R, and Gas Tax Funds.
ROSEMEAD CITY COUNCIL AND HOUSING DEVELOPMENT CORPORATION JOINT MEETING AGENDA June 12, 2012 Page 5 of 7 Recommendation: That the City Council: 1. Approve the plans and specifications
for the Mission Drive Resurfacing Project; and 2. Authorize the City Manager to enter into a contract with Silvia Construction, Inc. for the Mission Drive Resurfacing Project in the
amount of $693,781.75, and establish a contingency in the amount of 10% of the bid ($69,400) to cover any unforeseen construction expenses. E. School Resource Officer Program Funding
The City contracts with the Los Angeles Sheriff’s Department for a Special Assignment Deputy that is assigned to Rosemead High School as a School Resource Officer (SRO). The El Monte
Union High School District currently shares half the cost of the SRO with the City, however, the agreement must be renewed annually by both the City and School District. City staff has
included the necessary funding in the 2012-13 Budget to cover the City’s portion of the agreement. Recommendation: That the City Council approve the agreement with the El Monte Union
High School District for assistance in funding the SRO position. F. Amendment to the City Clerk Employment Agreement On May 22, 2012, the City Council conducted an annual review of the
City Clerk’s job performance and provided a rating of Substantially Exceeds Expectations. The City’s established policies and procedures for merit salary adjustments apply to the City
Clerk in the same manner as all other full-time employees. Under the City’s compensation system, a performance rating of Substantially Exceeds Expectations equates to a merit salary
adjustment of 5% within the salary range. However, in light of current economic conditions, the City Clerk has forgone the 5% merit increase and accepted an additional 3 months’ of severance
pay. Recommendation: That the City Council approve the fourth Amendment to the City Clerk Employment Agreement. G. Adoption of the City of Rosemead’s Fiscal Year 2012-13 Appropriations
Limit Article XIIIB of the Constitution of the State of California was enacted by a vote of the people as Proposition 4 (the Gann Initiative) in November 1979. This law limits the level
of most appropriations from tax sources that the state and most local government entitles are permitted to make in any given year. It also requires that annually each governmental unit
calculate its Appropriations Limit and adopt it by Resolution prior to the beginning of the fiscal year under consideration.
ROSEMEAD CITY COUNCIL AND HOUSING DEVELOPMENT CORPORATION JOINT MEETING AGENDA June 12, 2012 Page 6 of 7 Recommendation: That the City Council approve adopt Resolution No. 2012-37, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ADOPTING AN APPROPRIATION LIMIT FOR THE 2012-13 FISCAL YEAR 5. MATTERS FROM CITY MANAGER & STAFF A. Request for
Event Sponsorship and In-Kind Services for Fitness As they have done for the past two years, Joy of Kung Fu is requesting City co-sponsorship of its annual fitness awareness day. This
year, they are referring to the event as “Rosemead Fitness Day and Health Fair,” which they would like to host at Garvey Community Center on Sunday, October 28, 2012. This year, they
are adding an art contest as part of the event. The requested sponsorship includes free use of the community center, staff assistance, event promotion, and hanging of boulevard banners
with a total value of approximately $1,300. The event is free and open to the community. Community organization policy limits “funding requests” to non-profit organizations or public
schools based in Rosemead using funds for a “unique or emergency situation.” Joy of Kung Fu is not incorporated. This request, however, is not for funding, but for Rosemead’s co-sponsorship
of a community event. City Council has approved this request in past years. Recommendation: That the City Council approve Joy of Kung Fu’s request for co-sponsorship of Fitness Awareness
Day 2012 with in-kind services valued at approximately $1,300. B. Replacement of Civic Center HVAC System – Change Order On February 28, 2012, the City Council awarded a contract for
the replacement of Heating, Ventilation, and Cooling System Equipment (HVAC). The project includes the replacement of the existing HVAC system with nine (9) new energy efficient roof
top units and other related mechanical improvements at the Rosemead Community Recreation Center (RCRC). Funding for this work is provided through the Energy Efficiency and Conservation
Block Grant (EECBG). Work is progressing well and the HVAC system is expected to be fully installed within 4-6 weeks. As part of the HVAC project, a contingency of approximately 20%
was approved for unforeseen construction expenses. These funds, combined with other remaining contingency funds from previous projects (RCRC Cool Roof, City Hall Window Replacement),
leave the City with a total of $90,000 in EECBG grant funds remaining to be spent. These funds must be obligated no later than June 19, 2012 or they will be required to be returned to
the Department of Energy and reallocated to other agencies.
ROSEMEAD CITY COUNCIL AND HOUSING DEVELOPMENT CORPORATION JOINT MEETING AGENDA June 12, 2012 Page 7 of 7 In order to ensure that all grant monies available to the City are utilized,
staff has identified other energy efficiency improvements in the Civic Center – specifically at City Hall. These improvements will entail the replacement of an existing HVAC packaged
unit, water-cooled chiller system and air handler system components that help cool the building. Each of these projects has been submitted as a qualified project under the EECBG program.
Staff has negotiated with the contractor currently completing the HVAC project to complete the additional work at City Hall. This HVAC equipment is manufactured by Carrier and will replace
existing inefficient Carrier units currently in place. Recommendation: That the City Council approve Change Order No. 1 with K&J Air Conditioning in an amount up to $90,000 for the purchase
of a new HVAC packaged unit, water-cooled chiller system, and air handler system components, and authorize the City Manager to execute the necessary documents to complete the project.
6. MATTERS FROM MAYOR & CITY COUNCIL 7. CLOSED SESSION A. Conference with Legal Counsel – Anticipated Litigation Government Code Section 54956.9 (c): 1 matter B. Conference with Legal
Counsel – Anticipated Litigation Exposure to Litigation pursuant to Government Code Section 54956.9 (b): 1 matter 8. ADJOURNMENT The next regular City Council meeting is scheduled to
take place on June 26, 2012 at 7:00 p.m. ______________________________________________________________________________________ Upcoming City -Sponsored Community Events Independence
Day Parade Wednesday, July 4th Valley Boulevard 10:00 a.m. Carnival and Fireworks Show Noon – 10:00 p.m. at Rosemead Park