CC - Minutes - 03-27-12Minutes of the
City Council Meeting
March 27, 2012
The regular meeting of the Rosemead City Council was called to order by Mayor Ly at 7:02 p.m. in the
Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California.
PLEDGE OF ALLEGIANCE: Mayor Pro Tern Armenta
INVOCATION: Council Member Alarcon
PRESENT: Mayor Ly, Mayor Pro Tern Armenta, 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.
Mayor Pro Tern Sandra Armenta made a motion, seconded by Council Member Polly Low 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
Juan Nunez - disagreed with the recommendation of item 5F to raise the Vietnamese flag side by side with
the American flag; but rather have it raised in their perspective churches, homes or clubs. Mr. Nunez also
asked if seniors pay for their lunches at the community centers. He suggested that seniors should pay an
addition dollar more to prevent the program from exhausting.
Mayor Ly replied that the seniors, who are residents of Rosemead, may give a donation of $1.25 and $3 for
non residents.
Rosemead City Council Regular Meeting
Minutes of March 27, 2012
Page 1 of 10
Ron Esquivel — representative of the Rosemead School District thanked the City Council for the continued
support and reiterated that the program is asking for at least $7,000 to operate. Mr. Esquivel also thanked
City staff for being responsive and removing a damaged tree from of his property.
3. PRESENTATIONS
• Earthquake Preparedness Month Proclamation
Mayor Ly read the proclamation and declared the month of April as Earthquake Preparedness Month.
Public Safety Coordinator Mandy Wong explained that as part of the 2012 -2013 Strategic Plan, staff created
a challenge called "Get Ready Rosemead Challenge" to encourage residents and businesses to build a
survival kit and educate the community on emergency preparedness.
• Recognition to outgoing Mayor and Mayor Pro Tern
Carina Lieu — representative of Congresswoman Judy Chu's office presented a congressional recognition
certificates to outgoing Mayor Steven Ly and outgoing Mayor Pro Tern Sandra Armenta.
Olive Lee — representative of Assembly Member's Mike Eng's office presented certificates of congratulations
to outgoing Mayor Steven Ly and outgoing Mayor Pro Tern Sandra Armenta for their leadership and
dedication to the City.
Mayor Vincent Yu — of Temple City congratulated the Council on the city's improvement projects and
presented certificates of recognition to Mayor Steven Ly and Mayor Pro Tern Sandra Armenta for their
dedication.
Ron Esquivel — representative of the Rosemead School District presented a certificate of appreciation to
outgoing Mayor Steven Ly and outgoing Mayor Pro Tern Sandra Armenta for their service to the City and
dedication to public education.
Bob Bruesch — representative of the Garvey School District congratulated outgoing Mayor Steven Ly and
outgoing Mayor Pro Tern Sandra Armenta for their service.
Nick Davalli - Assistant Fire Chief presented certificates of acknowledgement of dedication of service to
outgoing Mayor Steven Ly and outgoing Mayor Pro Tern Sandra Armenta.
4. PUBLIC HEARING
A. Appeal of Conditional Use Permit 1114 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 -31D (Medium Commercial with a
Rosemead City Council Regular Meeting
Minutes of March 27, 2011
Page 2 of 10
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.
Council Member Polly Low made a motion, seconded by Mayor Pro Tern Sandra Armenta, to continue
the public hearing for the appeal of CUP 11 -14 to June 12, 2012. Vote resulted in:
Yes: Alarcon, Armenta, Clark, Low, Ly
No: None
Abstain: None
Absent: None
Mayor Pro Tem Armenta announced that a certificate of recognition was received from the Alhambra Unified
School District as well.
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 and requested that the City Council take no further action.
Recommendation: No further action is necessary
Mayor Ly stated that the applicant requested to withdraw his application.
5. CONSENT CALENDAR
A. Minutes
March 13, 2012 — Special Meeting
Rosemead City Council Regular Meeting
Minutes of March 27, 2011
Page 3 of 10
B. Claims and Demands
• Resolution No. 2012 -19
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
Rosemead City Council Regular Meeting
Minutes of March 27, 2011
Page 4 of 10
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.
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
Council Member Polly Low made a motion, seconded by Mayor Pro Tern Sandra Armenta, to approve
Consent Calendar items. Vote resulted in:
Yes: Alarcon, Armenta, Clark, Low, Ly
No: None
Abstain: None
Absent: None
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
Rosemead City Council Regular Meeting
Minutes of March 27, 2011
Page 5 of 10
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.
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
2011 -12
Approved Budget
$
39,000
40,000
$
10,000
$
$
27,345
$
10,000
$
7,000
$
77,824
$
5,000
$
5,000
$
171,169.00
15% Cap !
2012 -13
Request
$
40,000
$
10,000
$
5,000
$
27,345
$
10,000
$
7,000
$
93,010
$
8,000
$
5,000
$
205,355.00
15% Cap !
2012 -13
Recommended
Budget
$
6,000
$
5,000
102,338.00
Anticipated Program Income
$
7,328
$
9,000.00
$
9,000.00
$
93,010*
- - - - -- - - - -"---------------------------
171,169.00
$
- - - - -"
111,338.00
- - - - --
------------------------
; $
-----------------------
$
111,338.00
15% Cap !
! $
155,649.00
$
102,338.00 !
$
102,338.00
Anticipated Program Income
$
15,520.00
$
9,000.00
$
9,000.00
;TOTAL SOCIAL SERVICE CAP
---------
$
- - - - -- - - - -"---------------------------
171,169.00
$
- - - - -"
111,338.00
- - - - --
------------------------
; $
-----------------------
- - - - -=
111,338.00
- _i
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
Rosemead City Council Regular Meeting
Minutes of March 27, 2011
Page 6 of 10
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.
Interim Community Development Director Michelle Ramirez reviewed the staff report.
Council Member Low asked if the City would incur additional cost if the full $93,010 is not allocated from the
CDBG grant to the senior nutrition lunch program.
Mrs. Ramirez replied that the city's general fund would have to make up to difference in cost.
City Manager Jeff Allred stated that the general fund was already allocating $108,670 to the senior nutrition
program and further CDBG grant reductions would have to be contributed by the city's general fund.
Council Member Clark asked if the amount allocated was enough to keep the senior nutrition program
operating as it is.
Mrs. Ramirez replied that with the current amount being allocated, the senior nutrition program would have to
be consolidated into one community center. She further explained that the total amount needed to operate
the senior nutrition program is approximately $206,380 of which $93,010 will be funded by the CDBG Social
Service cap; $4,700 by the CDBG Administration cap; and the remaining balance of $108,670 by the city's
general fund.
Council Member Clark asked what services are required by the CDBG program to be funded.
Mrs. Ramirez explained that the U.S Urban Housing and Development highly recommend funding of any
social service to assist low and moderate income family household individuals. Second, to fund programs that
service homelessness which has been lacking in the city. Mrs. Ramirez reiterated that HUD requested that
the city continue allocating money towards homelessness.
City Manager Allred replied that staff recommended a $5,000 contribution to the Family Promises program.
Council Member Clark asked if seniors were asked to pay an additional $1 towards their lunch would that
allocate more money for other organizations.
Mrs. Ramirez replied that the money currently being collected from the senior lunches is a donation only and
not a required payment.
Mayor Ly asked how much money is collected with senior luncheon donations
Mrs. Ramirez replied that approximately $11,000 is collected; however, a percentage of the money goes back
to CDBG and the general fund for their contribution.
Council Member Low suggested allocating money to the YMCA, who provides homeless services.
Mayor Pro Tom Armenta asked if the allocated amount to homeless services could be divided among
Family Promises and the YMCA.
Rosemead City Council Regular Meeting
Minutes of March 27, 2011
Page 7 of 10
Mrs. Ramirez stated that the allocation may be divided, however the YMCA has not submitted any required
reports to show what they service and Family Promises has submitted the required reports and it's located
within the city boundaries.
Mayor Pro Tem Armenta suggested dividing other allocated amounts for Family Counseling and allocate
$3,000 to the Rosemead School District.
Mayor Ly asked Mrs. Ramirez to explain why $6,000 was recommended for Family Counseling and nothing
for the Rosemead School District.
Mrs. Ramirez explained that criteria is to service low to moderate income households and Family Counseling
provides services to everyone including parents and children in the City of Rosemead. She added that
Rosemead High School only services the children attending the school.
Council Member Clark stated that she would like to allocate $1,000 to Rosemead School District; $1,000 to
Rosemead High School; and $4,000 to Family Counseling.
Mrs. Ramirez stated that if Council would accept Mrs. Clark's recommendation, staff would need to inquire
with both organizations to verify if they would be able to operate with the limited funding.
Ron Esquivel - explained that the Family Counseling program targets low income families and provides
parenting skills, child care, and planning with the Asian Pacific Clinic in their respective languages.
Bob Bruesch - suggested contacting Habitat for Humanity to aid in some services and the City may waive
fees as in -kind services towards HUD money, which may free up for other services.
Mrs. Ramirez stated that unfortunately working with Habitat for Humanity would not affect the bearing on the
cap for CDBG funds allocated for social services which is 15 percent of the grant.
Council Member Clark reiterated her motion to direct staff to look into allocating $4,000 to Family
Counseling; $1,000 Rosemead High School; and $1,000 to Rosemead School District.
Mayor Pro Tem Armenta asked if Rosemead High School could not operate with just $1,000 could that
money go back to the Rosemead School District.
Mrs. Ramirez replied yes, staff will speak to Rosemead High School and determined if the $1,000 allocated
funds is enough to operate.
Council Member Margaret Clark made a motion, seconded by Council Member William Alarcon, to
direct staff to look into allocating $4,000 to Family Counseling, $1,000 Rosemead High School, and
$1,000 to Rosemead School District.
Yes: Alarcon, Armenta, Clark, Clark, Low
No: None
Abstain: None
Absent: None
Rosemead City Council Regular Meeting
Minutes of March 27, 2011
Page 8 of 10
Council Member Clark explained that the Federal Government has cut funds which make it difficult to
allocated money to organizations like People for People.
7. MATTERS FROM MAYOR & CITY COUNCIL
Council Member Clark stated that she would not be available to attend the April 10th City Council meeting
because she will be out of town. Mrs. Clark congratulated Mayor Pro Tem Sandra Armenta.
Mayor Ly stated that he was honored to have served as Mayor for the city and thanked Council and staff for
maintaining a healthy reserve, fiscal responsibility, and implementing the beautification program, two new
aquatic centers, and a new civic parking lot.
Council Member Low thanked outgoing Mayor Steven Ly for his service as Mayor.
Mayor Pro Tem Armenta stated that Mr. Ly was born for the Mayor position and she was really proud of him
for making the council cohesive and for accomplishing so many projects under his Mayorship.
Council Member Alarcon congratulated outgoing Mayor Steven Ly on his service as Mayor.
8. CITY COUNCIL REORGANIZATION
This is the time for the Council to reorganize by appointing a Mayor and Mayor Pro Tem, respectively for
one -year terms.
A. Appointment of Mayor— City Clerk Presiding
City Clerk Gloria Molleda announced that it was appropriate to take nominations for City Mayor at this time.
Council Member William Alarcon made a motion, seconded by Council Member Polly Low, to
nominate Sandra Armenta as the next City Mayor. Vote resulted in:
Yes: Alarcon, Armenta, Clark, Low, Ly
No: None
Abstain: None
Absent: None
B. Appointment of Mayor Pro Tem — Newly appointed Mayor Presiding
Mayor Armenta asked for Mayor Pro Tem nominations.
Council Member Margaret Clark made a motion, seconded by Council Member Steven Ly, to nominate
Polly Low as Mayor Pro Tem. Vote resulted in:
Yes: Alarcon, Armenta, Clark, Low, Ly
No: None
Rosemead City Council Regular Meeting
Minutes of March 27, 2011
Page 9 of 10
Abstain: None
Absent: None
City Council presented a certificate of recognition to outgoing Mayor Steven Ly for his outstanding services.
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
City Attorney Rachel Richman stated that the City Council would discuss three items in Closed Session.
Council recessed to closed session at 8:03 p.m. Mayor Armenta reconvened the City Council meeting at 9:32
p.m.
City Attorney Richman reported out of closed session stating Mayor Pro Tem Polly Low made a motion,
seconded Council Member William Alarcon, to directed the law firm of Burke, Williams and Sorenson, LLP to
represent the City in the Cal Poultry v. City of Rosemead case with a 510 vote.
10. ADJOURNMENT
The meeting adjourned at 9:33 p.m. 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.
Sandra A=enta
Mayor
ATTEST:
A16 . q"L G
loria Molleda
City Clerk
Rosemead City Council Regular Meeting
Minutes of March 27, 2011
Page 10 of 10
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 March 27, 2012, were duly and regularly approved and adopted by the Rosemead
City Council on the 12th of June 2012, by the following vote to wit:
Yes: Alarcon, Armenta, Clark, Low, Ly,
No: None
Abstain: None
Absent: None
Gloria Molleda
City Clerk