Agenda - 05-11-10Public Comment from the Audience
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Rosemead
City Council,
Community Development
Commission,
and
Housing Development
Corporation
JOINT MEETING
AGENDA
May 11, 2010
6:00 PM
City Hall Council Chamber
8838 E. Valley Boulevard, Rosemead, California 91770
www.cityofrosemead.org
. Gary Taylor, Mayor
Steven Ly, Mayor Pro Tem
Sandra Armenta, Council Member
Margaret Clark, Council Member
Polly Low, Council Member
ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION AND HOUSING DEVELOPMENT CORPORATION
JOINT MEETING AGENDA
Mav 11.2010
Community Development Commission
and
Housing Development Corporation
Meeting Agenda
• CALL TO ORDER -6:00 PM
• PLEDGE OF ALLEGIANCE - Commissioner/Director Member Margaret Clark
• INVOCATION - Commissioner/Director Polly Low
• ROLL CALL:
o CDC -Chair Taylor, Vice-Chair Ly, Commissioners Armenta, Clark, Low
o HDC -President Taylor, Vice-President Ly, Directors Armenta, Clark, Low
1. PUBLIC COMMENTS FROM THE AUDIENCE
2. COMMISSION CONSENT CALENDAR
A. Claims and Demands
Resolution No. 2010 -14
Recommendation: Adopt Resolution No. 2010 -14 for payment of Commission
expenditures in the amount of $120,912.81 demand nos. 11260 through 11266.
3. Matters from Executive Director and Staff
A. Housing Development Corporation Review and Approval of Contract with City of
Rosemead for Implementation of Certain HOME Funded Programs
The City is required to commit its HOME funds for particular affordable housing activities
within 24 months after HUD's appropriation of the entitlement allocation. To comply with this
requirement, the City desires to contract with the Rosemead Housing Development
Corporation (RHDC) to administer certain HOME funded programs.
Recommendation: That the Board of Directors take the following actions:
1. Approve a contract with the City of Rosemead for the implementation of:
• Owner-Occupied Rehabilitation Loan Program and
• Mortgage Assistance-Program; and
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ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION AND HOUSING DEVELOPMENT CORPORATION
JOINT MEETING AGENDA
Mav 11, 2010
2. Authorize the President to execute the contract on behalf of the Housing Development
Corporation.
4. CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (GOVERNMENT CODE
SECTION 54956.8)
Property
8838 Glendon Way
Negotiating Parties -Agency Executive Director
Community Development Director
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ROSEMEAD CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION
JOINT MEETING AGENDA
May 11, 2010
City Council
and
Community Development Commission
Meeting Agenda
• CALL TO ORDER - 7:00 PM
• PLEDGE OF ALLEGIANCE - Council/Commissioner Member Margaret Clark
• INVOCATION -Council Member/Commissioner Polly Low
• ROLL CALL:
o City Council -Mayor Taylor, Mayor Pro Tern Ly, Council Members Armenta, Clark, Low
o CDC -Chair Taylor, Vice-Chair Ly, Commissioners Armenta, Clark, Low
5. PRESENTATIONS
• Rosemead High School 2009-10 Varsity Girls Basketball Team
6. PUBLIC COMMENTS FROM THE AUDIENCE.
7. PUBLIC HEARINGS
A. Public Hearing on the Analysis of Impediments to Fair Housing Choice
The City Council will consider review and approval of the City's Five Year Analysis of
Impediments to Fair Housing Choice covering the period July 1, 2010 through June 30,
2015. Localities seeking federal program funds are required to certify that they will engage in
fair housing planning; namely: (1) that they will conduct at the beginning of each five-year
cycle an analysis of impediments to fair housing choice; (2) that they will carry out actions to
overcome the effects of identified impediments; and (3) that they will maintain records and
make available information and reports, including the analysis of impediments, to document
actions undertaken to eliminate identified impediments.
Recommendation: That the City Council take the following actions:
1. Conduct a public hearing and take public testimony on the Analysis of
Impediments to Fair. Housing Choice covering the period July 1; 2010 through
June 30, 2015; and
2. Approve the Analysis of Impediments to Fair Housing Choice and authorize the
submittal of the document to the U.S. Department of Housing and Urban
Development.
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ROSEMEAD CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION
JOINT MEETING AGENDA
Mav 11, 2010
B. Extension of Interim Urgency Ordinance 877 to Prohibit the Approval of Applications
for Marijuana Dispensaries
On June 30, 2009, pursuant to Government Code section 65858, the Rosemead City Council
enacted Urgency Ordinance No. 877, which imposed a moratorium on the approval of
applications for land use entitlements for medical marijuana dispensaries for a period of 45
days. On August 11, 2009, the City Council adopted Ordinance No. 879, which continued
the moratorium for an additional period of ten (10) months and fifteen (15) days. Ordinance
No. 879 is set to expire on June 25, 2010.
During the one year moratorium period, staff has begun to compile and study the substantial
health and safety issues, as well as the inconsistencies between State law and Federal law,
regarding the approval of and location of medical marijuana dispensaries. This includes, but
is not limited to, a review of the Qualified Patients Association et al. v. City of Anaheim
lawsuit currently pending before the California Court of Appeals, Fourth District. A decision
on the Qualified Patients Association et al. v. City of Anaheim lawsuit had been anticipated
before the end of calendar year 2009, but will now not be issued until after the effectiveness
of Ordinance Nos. 877 and 879 has expired. The outcome of this lawsuit is expected to
resolve whether municipalities have the authority to prohibit dispensaries.
Recommendation: That the City Council introduce and conduct the first reading (by title
only) of a City Council'Ordinance and adopt as an urgency measure pursuant to California
Government Code Section 65858 (b) Ordinance No. 895 entitled "An Interim Ordinance of
the City Council of the City of Rosemead continuing the provisions of Ordinance 877 and
Ordinance No. 879 for an additional period of the one (1) year to continue the moratorium on
medical marijuana dispensaries in the City."
C. Extension of Urgency Ordinance No. 880 to Prohibit Approval of Applications for
Adult Businesses
On June 30, 2009, pursuant to Government Code section 65858, the Rosemead City Council
enacted Urgency Ordinance No. 878, which imposed a moratorium on the approval of
applications for land use entitlements for adult businesses for a period of 45 days. On
August 11, 2009, the City Council adopted Interim Urgency Ordinance No. 880 to extend
Interim Urgency Ordinance No. 878 for a period of ten (10) months and fifteen (15) days.
Ordinance No. 880 is set to expire on June 25, 2010.
During the one year moratorium period, staff began to compile and study the substantial
health and safety issues involved in the approval of such businesses. Since the adoption of
the City's current adult business ordinance (Ordinance No. 753), there have been a number
of studies concerning the adverse secondary effects of adult businesses in other Cities, as
well as legal decisions regarding local regulation that must be reviewed. This period of time
has not provided a sufficient amount of time to fully address the effectiveness and adequacy
of Ordinance No. 753 and to complete an Ordinance to replace Ordinance No. 753.
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ROSEMEAD CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION
JOINT MEETING AGENDA
Mav 11.2010
Recommendation: That the City Council introduce and conduct the first reading (by title
only) of a City Council Ordinance and adopt as an urgency measure pursuant to California
Government Code Section 6585&(b) Ordinance No. 894 entitled "An Interim Urgency
Ordinance of the City Council of the City of Rosemead, continuing the provisions of
Ordinance No. 878 and Ordinance No. 880 for an additional period of one (1) year to May
10, 2011.
D. Proposed 45-Day Moratorium on New Massage Establishments and Massage Service
Providers
The proposed urgency ordinance would impose a 45-day moratorium on the issuance of any
permits, licenses, tax certificates, approvals, or entitlements for new massage
establishments or new massage technicians as such terms are define in Rosemead
Municipal Code Section 5.24.
Recommendation: That the City Council adopt Urgency Ordinance No. 897, which is
subject to a 4/5ths City Council approval requirement.
E. Increase Maximum Bingo Payout to $500
Don Bosco Technical Institute has approached the City requesting the consideration of
amending the City's existing Municipal Code section 5.20.110 to increase the maximum
payout from $250 to $500. The State maximum was increased on September 30, 2008 and
the staff at Don Bosco believes that they are losing participants to surrounding communities
that currently allow the payouts up,to the $500 limit.
Recommendation: That the City Council introduce and conduct the first reading (by title
only) of Ordinance No. 896 authorizing :the amendment to Section 2.20.110 of Rosemead
Municipal Code.
JOINT Public Hearing on the Consent to Use Community Development Funds for
Future Capital Improvement Projects Pursuant to Health & Safety Code Sections
33445 and 33679
On March 9, 2010, the City Council unanimously approved the project list component of the
Parks, Recreation and General Facilities Master Plan. Contained in the list are thirty-two
identified projects within the City that are to be considered. There are ten projects that
require the use of Commission funds.
Redevelopment Law (Health and Safety Code Sections 33445 and 33679) requires that, if
redevelopment funds are to be used to pay for improvements which will be publicly owned,
both within and adjacent to the project area, the City Council and the Community
Development Commission must lisfand describe the improvements and the costs associated
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ROSEMEAD CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION
JOINT MEETING AGENDA
Mav 11, 2010
therewith, as well as make the following findings: a) that the proposed improvements are of
benefit to the Project Areas or the immediate neighborhood in which the projects are located;
b) that there are no other reasonable means of financing for the proposed projects available
to the community; c) that the projects will assist in the elimination of blighting conditions in
the Project Areas and are consistent with the adopted 5-year Implementation Plan.
Recommendation: It is recommended:
1. That the City Council and Community Development Commission adopt Joint
Resolution No. 2010-29 and CDC 2010-15 making the appropriate findings
under Health and Safety Code Section 33445; and
2. That the City Council and Community Development Commission adopt
Resolutions No. 2010-30 and CDC No. 2010-16 appropriating $280,000 from
the existing 2006A Bond proceeds to fund the three urgent playground
equipment projects listed as priorities 1 through 3 in the report.
8. CITY COUNCIL CONSENT CALENDAR
A. Minutes
May 4, 2010 - Special Meeting
B. Claims and Demands
Resolution No. 2010 - 28
Recommendation: Adopt Resolution No. 2010 - 28, for payment of City expenditures in the
amount of $1,784,203.13 numbered 100817 through 100830 and 69527 and 69676,
inclusively.
C. Ordinance 889- Second Reading: Approving Municipal Code Amendment 10.02,
adding the RCMUDO "Residential/Commercial Mixed-Use Development Overlay" Zone
and Chapter 17.74 to the City's Municipal Code to Establish Standards for that Zone
On April 27, 2010, the City Council introduced Ordinance No. 889, which approved Municipal
Code amendment 10-02, adding 66 RCMUDO "Residential/Commercial Mixed-Used
Development Overlay" zone and Chapter 17.74 to the City's Municipal Code to establish
standards for that zone. Ordinance No. 889 is now before Council at the required second
reading for adoption.
Recommendation: That the City Council adopt Ordinance No. 889 at its second reading.
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ROSEMEAD CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION
JOINT MEETING AGENDA
Mav 11. 2010
D. Ordinance 890 - Second Reading: Approving Municipal Code Amendment 10.03,
Adding the C-4 Regional Commercial Zone and Chapter 17.46 to the City's Municipal
Code to Establish Development Standards for that Zone
On April 27, 2010, the City Council introduced Ordinance No. 890, which approved Municipal
Code Amendment 10-03, adding the C-4 Regional Commercial Zone and Chapter 17.46 to
the City's Municipal Code to establish Development Standards for that zone. Ordinance No.
890 is now before Council at the required second reading for adoption.
Recommendation: That the City Council adopt Ordinance No. 890 at its second reading.
E. Ordinance 891- Second Reading: Approving Zone Change 10.02, Amending a Portion
of the City of Rosemead's Zoning Map to achieve Consistency with the City General
Plan
On April 27, 2010, the City Council introduced Ordinance No. 891, which approved Zone
Change 10-02, amending a portion of the City of Rosemead Zoning Map to achieve
consistency with the City General Plana Ordinance No. 891 is now before Council at the
required second reading for adoption.
Recommendation: That the City Council adopt Ordinance No. 891 at its second reading
Ordinance 892 -:Second Reading: Amending Title 17 (Zoning) of the Rosemead
Municipal Code by the Addition of a New Chapter 17.82 (Wireless Telecommunications
Facilities)
On April 27, 2010, the City Council introduced Ordinance No. 892, which approved
amending Title 17 of the Rosemead Municipal Code by the addition of a new Chapter 17.82,
which establishes development and approval standards for Wireless Telecommunications
Facilities, devices, structures and equipment used for wireless transmission within the City of
Rosemead. Ordinance No. 892 is:riow,before Council at the required second reading for
adoption.
Recommendation: That the City Council adopt Ordinance No. 892 at its second reading.
G. 2009-2010 Annual Slurry Seal Project - Authorization to Solicit Bids
As part of the City's Fiscal Year 2009-2010 Capital Improvement Program, the City Council
approved a program entitled, "Targeted Public Works Projects", which consists of public
improvements to the City's local streets and public right-of-way areas. This project will help
extend the life of local streets and improve community aesthetics. This project is funded
through the Community Development Block Grant (CDBG) program which requires that
funds be spent on specific project types and in specific target areas.
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ROSEMEAD CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION
JOINT MEETING AGENDA
Mav 11, 2010
Recommendation: That the City Council authorize staff to advertise and solicit bids to
complete the improvement project.
H. Approval of Undertaking Agreement for Parcel Map No. 68129 - 3177 Rosemead Place
Parcel Map No. 68129 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. 68129 and the
Undertaking Agreement.
Review and Approval of Contract with Rosemead Housing Development Corporation
for Implementation of Certain HOME funded Programs
The City is required to commit its HOME funds for particular affordable housing activities
within 24 months after HUD's appropriation of the entitlement allocation. To comply with this
requirement, staff recommends that the City commit $1,003,055 of FY 2009-10 and FY
2010-11 HOME funds, plus unspent carried over funds from prior FY's by contracting with
the Rosemead Housing Development Corporation (RHDC) to administer certain HOME
funded programs.
Recommendation: That the City Council take the following actions:
Approve a contract with the Rosemead Housing Development Corporation for the
implementation of:
• Owner-Occupied Rehabilitation Loan Program, and
• Mortgage Assistance Program; and
2. Authorize the Mayor to execute the contract on behalf of the City.
J. School Resource Officer Program Funding
The City currently contracts with tfie Los Angeles County 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, therefore, the agreement must be renewed by both the City and School District.
Recommendation: That the City Council approve the agreement with the El Monte Union
High School District for assistance in funding the SRO position.
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ROSEMEAD CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION
JOINT MEETING AGENDA
Mav 11.2010
K. Probation Officer Contract Renewal
The City currently contracts with the Los Angeles County Probation Department for two
Deputy Probation Officers (DPOs') for juvenile prevention and intervention programs. These
DPOs' work full-time with Rosemead youth who have been identified as at-risk or arrested
for minor criminal offenses. These juveniles may have problems ranging from school
performance and attendance to vandalism, theft and drug arrests. The DPOs' authority
allows them to work closely with the juveniles and their families to implement a variety of
programs and services to help correct their behavior. The Agreement shall be effective from
July 1, 2010 through June 30, 2011 with a total cost of $134,000.
Recommendation: That the City Council approve the agreement with the Los Angeles
County Probation Department and authorize the City Manager to sign any necessary
documentation.
9. MATTERS FROM CITY MANAGER & STAFF
A. Design Development of Aquatic,Facilities at Rosemead and Garvey Parks
At its regular meeting on February 23, the City Council authorized Aquatic Design Group to
develop schematic designs for the complete renovation of Garvey and Rosemead Pools. The
drawings are the first step toward a detailed and three-dimensional view of the projects
which better enable the City to determine a realistic project scope and cost estimate.
Schematic designs have been completed. Representatives from Aquatics Design Group,
along with staff, will provide City Council with a presentation of the completed drawings. With
completion of schematic designs, the project is ready to proceed with the full design and
construction specifications phase.
Recommendation:
That the City Council/Commission authorize the City Manager/Executive Director to
enter into a professional services agreement with Aquatic Design Group in the amount of
$522,450 ($350,041.50 from existing 2006A Bond proceeds and $172,408.50 from funds
that will be available through the Redevelopment Agency's repayment of a City loan) to
complete design development, construction documents and permit drawings, and to
perform construction observation for the renovation of aquatics facilities at Rosemead
and Garvey Pools; and
2. That the City Council and Community Development Commission adopt Resolutions No.
2010-31 and CDC No. 2010-17 appropriating $350,041.50 from the existing 2006A Bond
proceeds.
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ROSEMEAD CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION
JOINT MEETING AGENDA
May 11; 2010
10. MATTERS FROM MAYOR & CITY COUNCIL.
X11. ADJOURNMENT
The next joint Community Development Commission and City Council meeting is scheduled
to take place on May 25, 2010 at 6:00 p.m. and 7:00 p.m., respectively.
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