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CC - Agenda 5-25-10Public 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 Community Development Commission JOINT MEETING AGENDA May 25, 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 A►menta, Council Member Margaret Clark, Council Member Polly Low, Council Member ROSEMEAD CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA Mav 25, 2010 Community. Development Commission and City Council Meeting Agenda • CALL TO ORDER - 6:00 PM • PLEDGE OF ALLEGIANCE -Commissioner/ Council Member Polly Low • INVOCATION -Chair /Mayor Gary Taylor • ROLL CALL: o CDC -Chair Taylor, Vice-Chair Ly, Commissioners Armenta, Clark, Low o City Council -Mayor Taylor, Mayor Pro Tern Ly, Council Members Armenta, Clark, Low RESOLUTIONS AND ORDINANCES BY TITLE ONLY By motion, unanimously adopted, the City Attorney shall be instructed to read by title only all resolutions and ordinances appearing on this agenda which are required by law to be read in their entirety. 2. PUBLIC COMMENTS FROM THE AUDIENCE 3. COMMISSION CONSENT CALENDAR A. Claims and Demands Resolution No. 2010 -18 Recommendation: to approve Resolution No. 2010 -18, entitled: RESOLUTION NO. 2010 -18 FOR PAYMENT OF COMMISSION EXPENDITURES IN THE AMOUNT OF $1,482,583.39: DEMAND NOS. 10083 THROUGH 10085 AND NOS. 11267 THROUGH 11271. 4. Matters from Executive Director and Staff A. Glendon Hotel Independent Accountant Report on Applying Agreed-Upon Procedures between the Rosemead Inn Hotel Partners, LLC and the Rosemead Community Development Commission On July 2, 2008, the Rosemead Community Development Commission acquired the Rosemead Inn located at 8832 Glendon Way. On August 28, 2008 the Commission approved a contract with the Rosemead Inn Hotel Partners, LLC as the operator of the hotel and also approved an Operating Agreement between the Operator and the Commission. Page 2 of 10 ROSEMEAD CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA Mav 25, 2010 On March 9, 2010 the Commission directed staff to engage the Commission's auditors, Mayer Hoffman McCann, P.C., to examine the financial records of the hotel operations and prepare an Independent Accountant's Report on Applying Agreed-Upon Procedures. The Agreement with the hotel Operator will be terminated in June of 2010 by mutual consent of the parties. At this point in time, the Commission may pursue two options: 1) Receive and file the Report and take no further action against the Operator to recover the money found to be owed to the Commission; or, 2) receive and file the Report and direct staff to collect the money found to be owed to the Commission by any means used in the course of normal business practices. Recommendation: That the Community Development Commission receive and file the Independent Accountant's Report on Applying Agreed-Upon Procedures and direct staff as to any further actions to be taken. B. Exclusive Negotiation Agreement (ENA) for the Sale of the Glendon Hotel On July 2, 2008, the Rosemead Community Development Commission acquired the Glendon Hotel located at 8832 Glendon Way for $4.4 million using non-restricted tax increment dollars to fund the transaction. The purchase of the Glendon Hotel was originally part of an overall larger redevelopment project (the Glendon Way Project). However, the Commission is no longer working on a conceptual development plan for the Glendon Way Project and the property is no longer needed for the purposes for which it was acquired. At its March 9, 2010 meeting, the Commission authorized staff to advertise and solicit bids from qualified entities for the purchase of the Glendon Hotel property through a Request for Proposal (RFP) process. There were a total of seven (7) proposals submitted with a variety of offers ranging from purchasing the site to leasing/managing the current operation. Each proposal includes continuation of a hotel use. Recommendation: That the Community Development Commission approve an Exclusive Negotiating Agreement with Qiao Garden Group Real Estate Company, Ltd. for the development of a Purchase and Sale Agreement. 5. CLOSED SESSION A. Conference with Labor Negotiator Government Code Section 54957.6; Negotiator for the City: City Manager Jeff Allred and Human Resources Manager Su Tan Employee Unit: Rosemead Employees Association B. Public Employee Performance Evaluation Government Code Section 54957; Council Appointed Officials (City Clerk) Page 3 of 10 ROSEMEAD CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA Mav 25, 2010 City Council : and Community Development Commission Meeting Agenda • CALL TO ORDER - 7:00 PM • PLEDGE OF ALLEGIANCE- Council/Commissioner Member Polly Low • INVOCATION - Mayor/Chair Gary Taylor • ROLL CALL: City Council - Mayor Taylor, Mayor Pro Tern Ly, Council Members Armenta, Clark, Low CDC - Chair Taylor, Vice-Chair Ly, Commissioners Armenta, Clark, Low 6. PRESENTATION • Bike to Work Month - Proclamation 7. PUBLIC COMMENTS FROM THE AUDIENCE 8. PUBLIC HEARINGS A. Public Hearing on 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 officials at Don Bosco believe 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 of Ordinance No. 896, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING CHAPTER 5.20.110 OF THE ROSEMEAD MUNICIPAL CODE CONCERNING THE MAXIMUM BINGO PAYOUT AMOUNT B. Ordinance Repealing Moratorium onApproval of Land Use Entitlements for Mixed-Use Residential Commercial Developments The proposed ordinance would repeal the existing moratorium on the approval of land use entitlements for mixed-use residential commercial developments in its entirety. Page 4 of 10 ROSEMEAD CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA May 25;'201 0 Recommendation: That the City Council adopt Ordinance No. 898, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, REPEALING ORDINANCE NO. 68 9. CITY COUNCIL CONSENT CALENDAR A. Minutes April 27, 2010 - Regular Meeting May 18, 2010 -Special Meeting Claims and Demands Resolution No. 2010 - 32 Recommendation: to approve Resolution No. 2010 - 32, entitled: RESOLUTION NO. 2010 - 32, FOR PAYMENT OF CITY EXPENDITURES IN THE AMOUNT OF $478,799.91 NUMBERED 100831 THROUGH 100849 AND 69677 AND 69829, INCLUSIVELY. C. 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 May 11, 2010, the City Council reviewed Ordinance No. 892 for the required second reading, 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. At this same meeting Ordinance No. 892 was amended and re-introduced for first reading; at this time the ordinance is before Council at the required second reading for adoption. Recommendation: That the City Council adopt Ordinance No. 892 at its second reading, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING TITLE 17 (ZONING) OF THE ROSEMEAD MUNICIPAL CODE BY THE ADDITION OF A NEW CHAPTER 17.82 (WIRELESS TELECOMMUNICATIONS FACILITIES) WHICH ESTABLISHES DEVELOPMENT AND APPROVAL STANDARDS FOR WIRELESS TELECOMMUNICATIONS FACILITIES, DEVICES, STRUCTURES AND EQUIPMENT USED FOR WIRELESS TRANSMISSIONS WITHIN THE CITY OF ROSEMEAD Page 5 of 10 ROSEMEAD CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA Mav 25, 2010 D. Safe Routes to School Project As part of the City's Fiscal Year 2009-10 Capital Improvement Program, the City Council approved a program entitled, "Neighborhood Traffic Safety Improvements", which involves traffic safety and calming enhancements at four (4) local schools: Rosemead High School, Encinita Elementary School, Muscatel Intermediate School and Savannah Elementary School. This project is funded through the State of California Safe Routes to School Program, with a total approved grant ot$499,000. Recommendation: That the City Council authorize staff to advertise and solicit bids to compete the improvement project.: 10. MATTERS FROM CITY MANAGER & STAFF A. Design Development of Aquatic Facilities at Rosemead and Garvey Parks At its last regular meeting, City Council delayed action on this item in order to obtain additional input from the community regarding the design of the proposed Rosemead Aquatic Center. With the recent completion of schematic designs of the Rosemead and Garvey Parks Aquatic Centers, the projects are ready to proceed with the full design and construction specifications phase Recommendation: 1. That the City Council provide direction on the design options for the proposed Rosemead Park Aquatic Center; . 2. That the City Council authorize the City Manager 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 as Garvey Park is located outside of Rosemead's redevelopment project areas and is, therefore, not eligible for redevelopment bond funding) 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 3. That the Community Development Commission and City Council adopt CDC Resolution No. 2010-17 appropriating $350,100 from the existing 2006A Bond proceeds entitled: A RESOLUTION OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION, ROSEMEAD, CALIFORNIA, APPROPRIATING $350,100 FOR ROSEMEAD AQUATIC CENTER DESIGN DEVELOPMENT. Page 6 of 10 ROSEMEAD CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA May 25, 2010 B. Annual Comprehensive Fee Schedule for FY 2010.11 The City provides various individualized services (i.e. inspections, permits, variances, etc.) that are not of general benefit. Historically, many of these services have been provided at a cost greater than the price being charged for them thus resulting in subsidies of the remaining costs of service from the general taxpayers. As a matter of routine fee maintenance and to keep pace with increasing costs of individualized services, the fees charged to users need to be reviewed on a regular basis, preferably each year. Rosemead's business license fees have not been adjusted for some 18 years, and are proposed to be adjusted gradually, over the next three years. Increasing business license fees to appropriate levels in a single year could present a hardship in some cases; therefore, adjustments intended to be consistent with the County's fee structure can be phased over a three year period. However, it is important to note, with all the fee increases, that the proposed fee adjustments and new fees never exceed the cost of providing the service. In the interest of being responsive to the service needs of Rosemead residents and businesses; not all fees need to be increased and some are controlled by statute. Consequently, not every Rosemead fee is being recommended for an adjustment this year. Recommendation: That the City Council approve Resolution No. 2010-33, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, UPDATING FEES AND CHARGES FOR SERVICES FOR FY 2010-11 C. Renovation of Playgrounds at Klingerman, Rosemead, and Zapopan Parks Due to safety concerns at four playgrounds, the City Council/CDC Board authorized the replacement of those playgrounds'at its regular meeting on May 11, 2010. Funding in the amount of $280,000 was allocated using existing 2006A Redevelopment Bond proceeds. However, Miracle Playground Sales of Southern California has provided a bid in the amount of $240,000 for the complete renovation of playgrounds at Klingerman Park, Rosemead Park (hilltop and south), and Zapopan Park (north). Playground safety was part of the discussion of proposed Parks, Recreation, and General Facilities Master Plan Capital Improvement Projects at the regular City Council meeting of March 9, 2010. The City Council, thus, directed staff, at its April 27, 2010 meeting to immediately renovate the playgrounds of greatest concern and allocated the funds for the renovation project at its May 11, 2010 meeting. Page T of 10 ROSEMEAD CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA May 25, 2010 Miracle Playground Sales has been the sole provider of Rosemead's playground equipment for several decades. Their proposal for renovation of the playgrounds at Klingerman, Rosemead, and Zapopan Parks, which includes demolition and removal of existing equipment and surfacing, playground design and installation, and ADA/safety surfacing (and sand where appropriate), is $240,000. This is 15% less than the engineer's estimate of $280,000 and 60% less than government (HGAC) pricing which is estimated at $312,000. Recommendation: That the City Council/CDC Board authorize the City Manager to enter into a professional services agreement with Miracle Playground Sales of Southern California for the renovation of four playgrounds at Klingerman Park, Rosemead Park (2), and Zapopan Park for an amount not to exceed $240,000 using existing 2006A bond proceeds. D. Annual Beautification Awards Program One of the goals of the 2010-2011 Strategic Plan is the implementation of an Annual Beautification Awards Program designed to increase the curb appeal of Rosemead neighborhoods and boulevards. The Annual Beautification Awards Program provides recognition in both the residential and the commercial sectors for outstanding curb appeal and use of low water/drought tolerant landscaping. Any residential or commercial property located within the City is eligible to participate. Recommendation: That the City Council adopt Resolution No. 2010-26, entitled: A RESOLUTION ADOPTING THE CITY OF ROSEMEAD ANNUAL BEAUTIFICATION AWARD PROGRAM. E. September 11th Memorial Donor Program On September 11, 2011, America will commemorate the 10th anniversary of the tragedies of September 11th. An anniversary memorial commemorating those tragic events was initially proposed as part of the Parks, Recreation, and General Facilities Master Plan Capital Improvement Projects at the regular City Council Meeting of March 9, 2010. The memorial would be included as part of Rosemead's memorial plaza at City Hall. The costs for transport of an artifact from New York to Rosemead, the development and installation of artwork, and modifications to the plaza to accommodate the artwork are estimated at $50,000 to $60,000. Therefore, creation of a donor program is proposed in order to raise the funds needed to create a 10th Anniversary 9/11 Memorial. The donor program would encourage a community-wide investment in a significant public art project. The memorial would foster a renewed sense of community pride and reflect the shared values referenced in Rosemead's Strategic Plan. Page 8 of 10 ROSEMEAD CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA May 25, 2010 Recommendation: 1. That the City Council authorize the City Manager to sign a Transfer Agreement with the Port Authority of New York and New Jersey to transfer full and complete legal ownership of the steel beam identified as H-0053 to the City of Rosemead; and 2. That the City Council authorize staff to conduct a community fundraising campaign to solicit contributions for the development and installation of a September 11 rh Memorial. Renewal of Willdan Engineering Contract for Building Inspection and Plan Check Services - The City initially entered into contract with Willdan Engineering for building and plan check services in 1981. Over the years this contract has been amended, however, the last formal updated was in 1994. In order to develop a new contract that is compliant with best risk management practices and to ensure that the City and Willdan are in agreement as to the services being provided, an updated contact is being proposed for approval. The proposed contract term is for three years with two one-year renewal options in conformance with the City's purchasing policy. The hourly rate schedule included is guaranteed for one year and will be updated annually. Recommendation: That the City Council approve the agreement with Willdan Engineering for building inspection and plan check services and authorize the City Manager to sign any necessary documentation. 11. MATTERS FROM MAYOR & CITY COUNCIL A. Mayor's Appointments for 2010.2011. Each Year, a listing of City Council Member appointments to a variety of regional and state committees and boards is prepared and submitted by the Mayor. On April 27, 2010 the Mayor appointed delegates and alternates to several committees; however, the Council asked that staff and gather more information on five (5) committees and bring it back for their review. buring the search it was discovered that the WSGV Planning Committee and Legislative Delegate Program Committee no longer exist. At this time the following committees need an alternate and delegate: Trust Fund Liability Oversight Committee Coalition for Practical Regulation L.A. Area Integrated Waste Management Authority. Page 9 of 10 ROSEMEAD CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA May 25, 2010 Recommendation: That the City Council approve the Mayor's Appointments for 2010-2011. 12. ADJOURNMENT The City Council and Community Development Commission will adjourn to a joint Budget Study Session on June 1, 2010 at 5:00 p.m. The next regular joint Community Development Commission and City Council meeting is scheduled to take place on June 8, 2010 at 6:00 p.m. and 7:00 p.m., respectively. Page 10 of 10