Loading...
CC - Minutes - 06-12-12Minutes of the Joint City Council, and Housing Development Corporation June 12, 2012 The Joint meeting of the Rosemead Housing Development Corporation and City Council was called to order by Mayor Armenta at 7:09 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE: Director /Council Member Ly INVOCATION: Director /Council Member Clark PRESENT: President/Mayor Armenia, Vice- President/Mayor Pro Tern Low, Directors /Council Members Alarcon, Clark and Ly STAFF PRESENT: City Manager Allred, City Attorney Richman, Assistant City Manager Hawkesworth, Community Development Director Ramirez, Director of Finance Brisco, Director of Parks and Recreation Montgomery- Scott, Public Works Director Marcarello, and City Clerk Molleda Council MemberAlarcon arrived to the meeting at 7:12 p.m. City Attorney Richman requested that an item be added to closed session. Director/Council Member Steven Ly made a motion, seconded by Director/Council Member Margaret Clark to add a closed session item regarding a Conference with Legal Counsel on Existing Litigation Government Code Section 549569 section (a): Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None 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. Rosemead Housing Development Corporation and City Council Joint Meeting Minutes of June 12, 2012 Page 1 of 8 Director /Council Member Steven Ly made a motion, seconded by Vice-President/Mayor Pro Tem 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 -None 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. 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 appeal of CUP 11 -14 to July 24, 2012. Rosemead Housing Development Corporation and City Council Joint Meeting Minutes of June 12, 2012 Page 2 of 8 Director /Council Member Steven Ly made a motion, seconded by Vice- President/Mayor Pro Tem Polly Low to continue the public hearing for the appeal of CUP 11 -14 to July 24, 2012 meeting. Vote Resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None 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 • 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 Rosemead Housing Development Corporation and City Council Joint Meeting Minutes of June 12, 2012 Page 3 of 8 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. 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. Rosemead Housing Development Corporation and City Council Joint Meeting Minutes of June 12, 2012 Page 4 of 8 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. 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 Director /Council Member Steven Ly made a motion, seconded by Vice-President/Mayor Pro Tern Polly Low to approve the Consent Calendar with corrections to the minutes of March 27, 2012. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None Rosemead Housing Development Corporation and City Council Joint Meeting Minutes of June 12, 2012 Page 5 of 8 5. MATTERS FROM CITY MANAGER & STAFF A. Request for Event Sponsorship and In -Kind Services for Fitness Awareness Day 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. Director of Parks and Recreation David Montgomery-Scott review the staff report Mayor Pro Tem Low asked if Joy of Kung Fu has a partnership with a non - profit organization and if so, if they can apply to use other facilities under the non - profit status. Parks and Recreation Director Montgomery-Scott stated that the Joy of Kung Fu organization appreciated that the City co- sponsors the event because it broadens its appeal. MayorArmenta stated she had previously attended these events and she agreed they were great events for the community. Council Member Steven Ly made a motion, seconded by Council Member Margaret Clark to approve Joy of Kung Fu's request for co- sponsorship of Fitness Awareness Day 2012 with in -kind services valued at approximately $1,300. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None Rosemead Housing Development Corporation and City Council Joint Meeting Minutes of June 12, 2012 Page 6 of 8 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. 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 KU 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. Director of Public Works Chris Marcarello reviewed the staff report. Council Member Steven Ly made a motion, seconded by Council Member William Alarcon to approve the change order with K &J Air Conditioning in an amount up to $90,000. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None Rosemead Housing Development Corporation and City Council Joint Meeting Minutes of June 12, 2012 Page 7 of 8 6. MATTERS FROM MAYOR & CITY COUNCIL Council Member Ly reported graffiti on a stop sign between Ivar Avenue and Earlswood Avenue. He also stated he had the opportunity to attend the Rosemead Relay for Life event, which had a good turnout; he thanked employee Sean Sullivan for his service during the event. Council Member Low inquired about a flyer posted around the event area. Council Member Ly replied that the flyer in question, illustrated the five council members on a wanted poster. The flyer was posted by the Relay for Life Committee and it was part of the theme. Mayor Armenta stated the flyer should have not read "wanted dead or alive ". She added that the event itself was great and asked that staff have more innovating ideas for next year's Relay for Life affair. Ms. Armenta thanked Park Superintendent John Scott for having his daughter play the harp during the luminary event. 7. CLOSED SESSION MayorArmenta recessed the meeting to closed session at 7:27 p.m. 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 C. Conference with Legal Counsel — Existing Litigation Exposure to Litigation pursuant to Government Code Section 54956.9 (a): 1 matter MayorAnnenta reconvened the meeting at 9:10 p.m. City Attorney Richman stated there was no reportable action from the City Council. 8. ADJOURNMENT The meeting adjourned at 9:12 p.m. The next regular City Council meeting is scheduled to take place on June 26, 2012 at 7:00 p.m. Polly Low ATT ST: Mayor Pro Tem loria Molleda, City Clerk Rosemead Housing Development Corporation and City Council Joint Meeting Minutes of June 12, 2012 Page 8 of 8 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) I, Gloria Molleda, City Clerk for the City of Rosemead, do hereby certify that the meeting minutes from June 12, 2012, was duly and regularly approved and adopted by the Rosemead City Council on the 22nd of January 2013, by the following vote to wit: Yes: Alarcon, Clark, Low, Ly, No: None Abstain: None Absent: Armenta Awk& , 193 Gloria Molleda City Clerk