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CC - Agenda 07-24-12Public 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. Rosemead City Council MEETING AGENDA July 24, 2012 7:00 PM City Hall Council Chamber 8838 E. Valley Boulevard Rosemead, CA 91770 www.cityofrosemead.org Sandra Armenta, Mayor Polly Low, Mayor Pro Tem William Alarcon, Council Member Margaret Clark, Council Member Steven Ly, Council Member ROSEMEAD CITY COUNCIL MEETING AGENDA July 24, 2012 City Council Meeting Agenda • CALL TO ORDER— 7:00 PM • PLEDGE OF ALLEGIANCE —Mayor Armenta • INVOCATION — Mayor Pro Tern Low • ROLL CALL: o City Council —Mayor Armenta, Mayor Pro Tern Low, Council Members Alarcon, Clark, Ly 1. PUBLIC COMMENTS FROM THE AUDIENCE The City Council will receive public comments on matters not listed on the agenda. 2. PRESENTATION • L.A. Assessor's Office Presentation National Night Out Proclamation 3. PUBLIC HEARING A. Continued Public Hearing — Appeal of Conditional Use Permit 11.14 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 the CUP 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. The City Council conducted a public hearing for the appeal of the CUP 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. Page 2 of 6 ROSEMEAD CITY COUNCIL MEETING AGENDA July 24, 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 stated that he had 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. 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. The City Council unanimously approved his request on June 12th and extended the public hearing to the July 24th City Council meeting. On July 17, 2012, staff received another extension letter from the applicant, requesting an additional 90 days extension to work with his consultant and newly hired architect to make necessary revisions to the floor plan. In his letter, he states that he was unexpectedly called out of the country six weeks ago and was unable to communicate with his consultant. Recommendation: That the City Council continue the public hearing for the appeal of CUP 11 -14 to October 30, 2012. 4. CONSENT CALENDAR A. Minutes May 8, 2012 — Regular Meeting June 12, 2012 — Special Meeting B. Claims and Demands • ResolutionNo.2012 -45 Recommendation: to approve Resolution No. 2012 — 45 entitled: A RESOLUTION OF THE ROSEMEAD CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $2,692,777.90 NUMBERED 77961 THROUGH 78130 INCLUSIVELY Page 3 of 6 ROSEMEAD CITY COUNCIL MEETING AGENDA July 24, 2012 C. Voluntary Early Retirement Incentive Plan As the City Council is aware, the City currently has an underlying structural budget imbalance and staff has been working to identify ways of reducing ongoing costs. The Council authorized the offering of a Retirement Incentive Plan in 2009 and earlier in 2012. In 2009 two employees retired under the plan; and in 2012 there were five employees who retired. Despite this reduction in the work force of seven employees, combined with reductions through regular attrition and a reduced reliance on part -time staff, the City continues to have an underlying structural budget deficit. Based upon ongoing discussion with employees, it is believed that there are several employees who would be interested in participating in a Retirement Incentive Plan if it were to be offered an additional time. As with previous offerings, the Retirement Incentive Plan will provide two additional years of service credit to full -time employees who accept the offer. The benefit is designed to mirror the CaIPERS retirement benefits and will be distributed and calculated as such. PARS will provide a general meeting for all eligible team members, and will then schedule individual follow -up meetings if employees wish to discuss the personal financial benefits of the plan. Under the proposed plan, employees will have to make their final decision of acceptance on or before August 31, 2012. Once a decision has been made, a retirement date on or before September 30, 2012 will be identified. Recommendation: That the City Council approve Resolution No. 2012 — 44, entitled: A RESOLUTION OF THE ROSEMEAD CITY COUNCIL OF THE CITY OF ROSEMEAD CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE PARS RETIREMENT ENHANCEMENT PLAN TO INCLUDE AN EARLY RETIREMENT INCENTIVE 5. MATTERS FROM CITY MANAGER & STAFF A. Garvey Avenue Master Plan The City Council will consider approval of the Garvey Avenue Master Plan, between New Avenue and the Garvey Bridge. The Garvey Avenue Master Plan addresses aesthetic and parking issues that property and business owners face in planning commercial and retail improvements. It is intended to be used as a reference point for expectations for quality development. The principal design criteria and architectural styles represented in the plan are not intended to be restrictive; they are meant to assist in the design, development, and implementation of quality architecture and site planning. On July 16, 2012, the Planning Commission was presented with the Draft Garvey Avenue Master Plan and adopted Resolution No. 12 -10 recommending approval of Resolution No. 2012 -34 to the City Council. Page 4 of 6 ROSEMEAD CITY COUNCIL MEETING AGENDA July 24, 2012 Recommendation: That the City Council approve Resolution No. 2012 -34, entitled: A RESOLUTION OF THE ROSEMEAD CITY COUNCIL OF THE CITY OF ROSEMEAD CALIFORNIA, APPROVING THE GARVEY AVENUE MASTER PLAN 6. MATTERS FROM MAYOR & CITY COUNCIL A. West San Gabriel Running Rebels Request for Use of Garvey Gymnasium Representatives of West San Gabriel Running Rebels are requesting continued use of Garvey Gym, at a reduced rate, while they continue their pursuit of 501(c)3 non - profit status. Recommendation: That the City Council permit West San Gabriel Running Rebels' use of Garvey Park Gymnasium at the non - profit rate of $25 per hour for a period of six months (through January 2013). 7. COMMENTS FROM CITY COUNCIL 8. CLOSED SESSION A. Conference with Legal Counsel — Anticipated Litigation, Government Code Section 54956.9 (c): 1 matter B. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9 (a): 2 matters CAL Poultry Vikon, Inc., et al. v. City of Rosemead, at al. Case No. CV 12.02409 DMG (MANx) Tammy Gong, and L &G Rosemead Garden, LLC v. City of Rosemead and John Tran - Case No. BC487865 9. ADJOURNMENT The next regular City Council meeting is scheduled to take place on August 14, 2012 at 7:00 p.m. Page 5 of 6 ROSEMEAD CITY COUNCIL MEETING AGENDA July 24, 2012 Upcoming City - Sponsored Community Events Rockin' Rosemead Friday, July 27` Concert in the Park 7:00 p.m. - 9:00 p.m. Garvey Park 7933 Emerson Place Rockin' Rosemead Concert in the Park Rosemead Park 4343 Encinita Avenue Friday, August 3r 7:00 p.m. - 9:00 p.m. National Night Out Zapopan Park Tuesday, August 7 d ' 6:00 p.m. Page 6 of 6