HDC - Item 5B - Inventory of CDC Agreements and DocumentsROSEMEAD HOUSING
DEVELOPMENT CORP., COMM.
DEV. CORP& CITY COUNCIL
TO:
THE HONORABLE CHAIRMAN AND COMMISSIONERS
THE HONORABLE CHAIRMAN AND BOARD OF DIRECTORS
THE HONORABLE MAYOR AND COUNCIL MEMBERS
FROM:
JEFF ALLRED, EXECUTIVE DIRECTOR/CITY MANAGERS #
DATE:
FEBRUARY 7, 2011
SUBJECT:
INVENTORY OF CDC AGREEMENTS AND DOCUMENTS
SUMMARY
An inventory of all Redevelopment and Housing related commitments and obligations has been
conducted. As a result of this review, it has been determined that three documents, which were
approved in public meetings, were never signed or appropriately executed. These documents
are the Angelus Senior Housing Land Lease, Garvey Senior Housing Land Lease and the
Garvey Senior Housing Assistance and Operating Agreement. In order to create a clear record
of these obligations, the Housing Development Corporation, Community Development
Commission and City Council should take action to ratify the Agreements and authorize the
Chairman and Mayor to finalize these documents by signing the agreements.
Staff Recommendation
Staff recommends that the Commission, Board and Council authorize the Chairman /Mayor to
sign the Land Lease and Operating Agreements as originally approved.
ANALYSIS
BACKGROUND
Through the review of all Redevelopment and Housing related documents, it has been
discovered that although the minutes reflect that the Land Leases for both the Angelus and
Garvey Senior Housing complexes and the Garvey Senior Housing Assistance and Operating
Agreement ( "Agreements ") were approved and the parties have been operating consistent with
those Agreement's provisions, the City Clerk has not be able to locate fully executed versions.
The Land Lease for the Angelus Senior Housing complex was originally approved on October
22, 1993 per the attached minutes. The Land Lease and Operating Agreement for the Garvey
Senior Housing Complex were originally approved on August 13, 2002 per the attached
minutes; however, these documents still need to be signed by the Chairman /Mayor.
Along with the three documents listed above, the Community Development Commission is also
party to several other agreements or commitments that have been inventoried. Included below
is a listing of all additional legal and binding commitments of the Commission:
1. 2006 Series A RDA Bonds
2. 2006 Series B RDA Bonds
3. 2010 Series A RDA Bonds
4. Fire District Pass - through
5. Statutory 20% Low -Mod Pass- through
YrEM NO. 5b
APPROVED FORCITYCOUNCIL AGENDA:
.�. �
Rosemead Housing Development Corp. /Community Development Commission Meeting /City Council
February 7, 2011
Facie 2 of 2
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
YY l mll?114_ s 4
Matthew E. Hawkesworth
Assistant City Manager
Attachments: A— Ground Lease between the City and RHDC for Angelus Housing Complex
B— Ground Lease between the City and RHDC for Garvey Housing Complex
C— Assistance and Operating Agreement between the CDC and RHDC
D —City Council Minutes — October 26, 1993
E —City Council Minutes —August 13, 2002
_. a' .., .
1 �'��:
UOT -93 THU 8:40 F 'E (818) 963 -7877 FAX N0. 81F 10969 P.03
Attachment A
GROUND LEASE
by and between
CITY.OF ROSEMEAD, CALIFORNIA (the "City'D
ROSEMEAD ROUSING DEVELOPMENT CORPORATION,
A CALIFORNIA NON - PROFIT CORPORATION C'RHDC'D
This Lease is made and entered into by and between the CITY OF
ROSEMEAD, a municipal corporation, hereinafter referred to as "City" and
ROSEMEAD HOUSING DEVELOPMENT CORPORATION, a California non-
profit corporation hereinafter referred to as "RHDC ".
1. Definitions of Land and Development
City hereby leases to RHDC and RHDC leases from City that
certain site in the City of Rosemead, County of Los Angeles, State of California
described on the "Legal Description" and shown on the "Site Map" attached
hereto and incorporated herein by this reference as Exhibit Nos. 1 and 2,
respectively (the "Land "). The "Development" shall include the Land and the
improvements to be constructed thereon as described in the Development
Agreement by and between City and RHDC to which this Ground Lease is an
attachment (the "Development Agreement" hereinafter).
2. Term
The "Term" of this Lease shall be for thirty -five (35) years,
commencing on the Effective Date of the Development Agreement.
3. Rent
For the period commencing with the Effective Date of the
Development Agreement to the expiration of the Term hereof, RHDC agrees to
pay City rental, without prior notice or demand by City, in the sum of Five
Thousand Dollars ($5,000.00) per month in advance on or before the monthly
Ground Lease
Page 1 of 8
OCT -21 -93 THU 8 40 PH' ' (818) 963 -7877 FAX NO. 818c )969 P.04
anniversary date of the Effective Date of th'e Development Agreement (the
"Monthly Anniversary Date" hereinafter) for each calendar month during the
term of this Lease. Said rental shall be paid to City, without deduction or offset,
in lawful money of the United States of America, and such payment may be
made by means of a check of similar instrument payable to City. City and
RHDC hereby agree that said rental amount is` equivalent to ten percent (10 %)
of the fair market value of the Land at the date ` of City's issuance of a Certificate
of Occupancy for the Development. City and IRHDC agree to have the Land
appraised by an appraiser mutually selected by City and RHDC every five (5)
years to determine the then fair market value of the Land, and the rental
amount shall be increased to ten percent (10 %) of such appraised fair market
value, providing that it is higher than the prior year's rent. Additionally, each
twelve (12) month period following the City's' issuance of a Certificate of
Occupancy for the Development (the iA nual (Anniversary Date" Thereinafter),
with the exception of every fifth (5th) Annual Anniversary Date
reappraisal results in an increase in rent, the r amount shall be increased
two percent (2 %) per year, or by the percentage increase in the Consumer Price
index, whichever is higher.
4. Use of Development
The Land leased hereby shall be L
of developing and operating the Development i
permit the Development or any part thereof
purposes other than the purpose or purposee
leased. The Development shall be operated in
and Operating Agreement by and among City t
attachment (the "Assistance and Operating Agr
dlized by RHDC for the purpose
iereon. RHDC shall not use or
to be used for any purpose or
for which the Land is hereby
accordance with the Assistance
i which this Ground Lease is an
ement" hereinafter).
5. Insurance Rates
No use shall be made or
Development, nor acts done, which will
or cause a cancellation of any insurance polic
any part thereof, nor shall RHDC sell, or pern
about said Development, any article which ma
form of fire insurance policies. RHDC shall, at
ted to be made of the said
the existing rate of insurance,
covering said Development, or
to be sold, kept, or used, in or
be prohibited by the standard
s sole cost and expense, comply
with any and all requirements, pertaining to said Development, of any insurance
Ground Less
Page 2 of 8
OCT =21 -93 THU 8:41 PH( (818) 963 -7877 FAX NO. 8189' 969 P,05
organization or company, necessary for the maintenance of reasonable fire and
public liability insurance, covering said Development and appurtenances.
6. waste
RHDC shall not commit, or suffer to be committed, any waste upon
the Development, or any nuisance, or other act or thing which may disturb the
quiet enjoyment of any tenant in the building.
7. - Alterations
RHDC shall not make, or suffer to be made, any alterations in
excess of $100,000 to said Development, or any part thereof, without the prior
written consent of City, and any additions to, or alterations of, the said
Development, except movable furniture and trade fixtures, shall become at once
a part of the realty. RHDC shall keep the demised Land and the entire
Development free from any liens arising out of any work performed, material
furnished, or obligations incurred by RHDC.
S. Utilities
RHDC shall pay for all gas, heat, light, power, water, telephone
service, and all other services supplied to the Development and assume
responsibility for all electricity and plumbing.
9. - Abandonment
RHDC shall not vacate or abandon the Development at any time
during the term; and if RHDC shall abandon, vacate, or surrender said
Development, or be dispossessed by process of law, or otherwise, any personal
property belonging to RHDC and left in the Development shall be deemed to be
. abandoned, at the option of City, except such property as may be mortgaged to
City.
10. Maintenance
RHDC shall, at its sole cost, keep and maintain said Development
and appurtenances and every part thereof , including windows and skylights,
and sidewalks adjacent to said Development in good and sanitary order,
condition and repair.
Ground Lease
Page 3 of 8
OCi =21 -93 THU 8.42 PHC (818) 963 -7877 FAX NO. 8189' '969 P.06
11. Acceptance of the Land
By entry hereunder, RHDC
the last day of the Term hereof, or sooner
unto City said Development with said
reasonable use and wear thereof and d�
elements excepted, and to remove all of
from said Development.
12. Insurance Requirements
RHDC agrees to maintain
required by the City Attorney to be comm(
13. Damages caused by Others
City shall not be liable for any
water, gas, heat, light, power, air conditioning
stoppage, leaking or bursting of any gas, wate,
water closet, tank, or other fixture, nor for a
damage caused by any electric or other wire, wk
in other parts of the Development, nor for any
or being upon the Development through the
damage arising from any act or neglect of the
occupant of the Development.
14. Entry by City
RHDC shall permit City and its
Development during the said term, for any ca
15. Assignments
With the exception of the rental of
Assistance and Operating Agreement RHDC sb
interest therein, and shall not sublet the said I
or any right or privilege appurtenant thereto,
agents and servants of RHDC excepted) to occu
or any portion thereof, without the prior writ
assignment or subletting without such consent
option of City, terminate this Lease, This Leasi
i the Land as is, and agrees on
ition of this Lease, to surrender
mances in good condition less
by fire, act of God or by the
's signs and personal property
insurance in the amounts
with the level of risk.
=porary failure of supply of
r janitorial services, nor for the
steam, sewer or other pipe, or
y annoyance, inconvenience or
ther upon the demised Land or
amage caused by water coming
oof, or otherwise, nor for any
REDC or any other tenant or
to enter into and upon said
he Units in accordance with the
i11 not assign this Lease, or any
avelopment or any part thereof,
)r suffer any other person (the
)y or use the said Development,
,en consent of City. Any such
shall be void, and shall, at the
shall not, nor shall any interest
Ground Lease
Page 4 of 8
00T -21 -93 THU 8.42 PHC" (818) 963 -7877 FAX N0, 8189' 1 969
therein, be assignable, as to the interest of RHDC, without the written consent
of City. The covenants and conditions herein contained shall, subject to the
provisions as to assignment, apply to and bind the heirs, successors, executors,
administrators, and, assigns of all the parties hereto.
16. Receivers
Either (a) the appointment of a receiver to take possession of all or
substantially all of the assets of RHDC, or (b) a general assignment by RHDC for
the benefit of creditors, or (c) any action taken or suffered by RHDC under any
insolvency or bankruptcy act shall constitute a breach of this Lease by RHDC.
17. Remedies for Breach
In the event of any breach of this lease by RHDC, then City, in
addition to the option to terminate this lease and other rights and remedies it
may have, shall have the immediate right of re -entry and may assume operation
of the Development, and may remove all persons and personal property from the
Development. Should City elect to re- enter, as herein provided, or should City
take possession pursuant to legal proceedings or pursuant to any notice provided
for by law, City may either terminate this lease or it may from time to time,
without terminating this lease, re -let said Development or any part thereof for
such term or terms (which may be for a term extending beyond the term of this
Lease) and at such rental or rentals and upon such other terms and conditions
as City in its sole discretion may deem advisable with the right to make
alterations and repairs to said Development.
P. 07
18. Condemnation
if any part of the Development shall be taken or condemned for a
public or quasi - public use, and a part thereof remains which is susceptible of
occupation hereunder by RHDC, this Lease shall, as to the part so taken,
terminate as of the date title shall vest in the condemnor, and the rent payable
hereunder shall be adjusted so that the RHDC shall pay to City each month for
the remainder of the term on that portion of the rent as the fractional area
remaining after the condemnation bears to the total area of the Development
prior to the date of condemnation; but in such event City shall have the option to
terminate this Lease as of the date when title to the part so condemned vests in
the condemnor. If all the Development, or such part thereof be taken or
Ground Lease
Page 5 of 8
OCT -21 -93 THU 8:43 PH(" -- (818) 963 -7877 FAX NO. 8189E " P, 08
By:
condemned so that there. no longer remains a
hereunder, this Lease shall thereupon termini
19. Time
Time is of the essence of this
susceptible for occupation
IN WITNESS WHEREOF, City and Rosemead Housing Development
Corporation have executed this Lease as of the latest date set forth opposite
their respective signatures.
Dated: .1993
CITY
Mayor
ROSEMEAD HOUSING DEVELOPMENT C
Chairman
07
APPROVED AS TO FORM:
City Attorney
City Clerk
Ground Leaf
Page 6 of 8
Exhibit No. 1
Legal Description
PARCEL 1:
THAT PORTION OF LOT 11 OF TRACT 4610, IN THE CITY OF ROSEMEAD, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOR 93 PAGES 12 AND 13 OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHEASTERLY OF
THE NORTHEASTERLY LINE OF THE STORM DRAIN CHANNEL AS SHOWN ON SAID MAP.
PARCEL 2:
THAT PORTION OF LOT 5 OF RICHARD GARVEY'S ADDITION NUMBER 2, IN THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOR
70 PAGES 69 TO 71 INCLUSIVE OF MISCELLANEOUS RECORDS, IN TEE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 11 OF TRACT NO. 4610, AS PER MAP
RECORDED IN BOOR 93 PAGES 12 AND 13 OF MAPS, RECORDS OF SAID COUNTY; THENCE ALONG
THE NORTHERLY LINE OF SAID LOT 11, NORTH 89 DEGREES 49 MINUTES 25 SECONDS WEST
150 FEET; THENCE PARALLEL WITH THE EASTERLY LINE OF SAID LOT 5, NORTH 0 DEGREES
13 MINUTES 20 SECONDS EAST 50 FEET; THENCE PARALLEL WITH SAID NORTHERLY LINE
SOUTH 89 DEGREES 49 MINUTES 25 SECONDS EAST 150 FEET TO SAID EASTERLY LINE;
THENCE ALONG SAID EASTERLY LINE SOUTH 0 DEGREES 13 MINUTES 20 SECONDS WEST 50
FEET TO THE POINT OF BEGINNING.
Ground Lease
Page 7 of 8
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Page 8• of 8
N'
Attachment B
GROUND LEASE
by and between
CITY OF ROSEMEAD, CALIFORNIA (the "City")
and
ROSEMEAD HOUSING DEVELOPMENT CORPORATION,
A CALIFORNIA NON - PROFIT CORPORATION ( "RHDC ")
This Lease is made and entered into by and between the CITY OF ROSEMEAD, a
municipal corporation, hereinafter referred to as "City" and ROSEMEAD HOUSING
DEVELOPMENT CORPORATION, a California non -profit corporation hereinafter referred
to as "RHDC ".
1. Definitions of Land and Development
City hereby leases to RHDC and RHDC leases from City that certain site in the
City of Rosemead, County of Los Angeles, State of California described on the "Legal
Description" and shown on the "Site Map" attached hereto and incorporated herein by this
reference as Exhibit Nos. 1 and 2, respectively (the "Land "). The "Development" shall include
the Land and a 72 -unit senior citizen complex to be constructed thereon as approved by the
City of Rosemead.
2. Term
The "Term" of this Lease shall be for fifty -five (55) years, commencing on the
Effective Date of this Lease.
3. Rent
.For the period commencing with the Effective Date of the Lease to the
expiration of the Term hereof, RHDC agrees to pay City rental, without prior notice or demand
by City, in the sum of Six Thousand Dollars ($6,000.00) per month in advance on or before the
monthly anniversary date of the Effective Date of the Lease (the "Monthly Anniversary Date"
hereinafter) for each calendar month during the term of this Lease. Said rental shall be paid to
City, without deduction or offset, in lawful money of the United States of America, and such
Ground Lease
Page 1 of 8
payment may be made by means of a check or simi
RHDC hereby agree that said rental amount is eqt
market value of the Land at the date of City's issuai
Development. City may require RHDC to have the
selected by City and RHDC every five (5) years to d
Land, and the rental amount shall be increased to t
market value, providing that it is higher than the pri
(12) month period following the City's issuance
Development (the "Annual A[ ersary Date" he
increased two- percent (2%) pe ar, or by the pei
Index, whichever is higher.
4. Use of Development
instrument payable to City. City and
lent to ten percent (10 %) of the fair
of a Certificate of Occupancy for the
id appraised by an appraiser mutually
mine the then fair market value of the
percent (10 %) of such appraised fair
year's rent. Additionally, each twelve
a Certificate of Occupancy for the
the rental amount shall be
increase in the Consumer Price
The Land leased hereby shall be utilized by RHDC for the purpose of operating
the Development thereon. RHDC shall not use or permit the Development or any part thereof
to be used for any purpose or purposes other than the purpose or purposes for which the Land
is hereby leased. The Development shall be operated in accordance with the Assistance and
Operating Agreement by and among City to which thi
and Operating Agreement" hereinafter).
is an attachment (the "Assistance
5. Insurance Rates
No use shall be made or permitted to
acts done, which will increase the existing rate of in
insurance policy covering said Development, or any
permit to be sold, kept, or used, in or about said I
prohibited by the standard form of fire insurance pol
expense, comply with any and all requirements, p
insurance organization or company, necessary for the r
liability insurance, covering said Development and app
made of the said Development, nor
nce, or cause a cancellation of any
I thereof, nor shall RHDC sell, or
lopment, any article which may be
i. RHDC shall, at its sole cost and
ning to said Development, of any
tenance of reasonable fire and public
6. Waste
RHDC shall not commit, or suffer �o be committed, any waste upon the
Development, or any nuisance, or other act or thing which may disturb the quiet enjoyment of
any tenant in the building.
7. Alterations
Ground Lea:
Page 2 of 8
RHDC shall not make, or suffer to be made, any alterations in excess of
$100,000 to said Development, or any part thereof, without the prior written consent of City,
and any additions to, or alterations of, the said Development, except movable furniture and
trade fixtures, shall become at once a part of the realty. RHDC shall keep the Development
free from any liens arising out of any work performed, material furnished, or obligations
incurred by RHDC.
8. Utilities
RHDC shall pay for all gas, heat, light, power, water, telephone service, and all
other services - supplied to the Development and assume responsibility for all electricity and
plumbing.
9. Abandonment
RHDC shall not vacate or abandon the Development at any time during the
term; and if RHDC shall abandon, vacate, or surrender said Development, or be dispossessed
by process of law, or otherwise, any personal property belonging to RHDC and left in the
Development shall be deemed to be abandoned, at the option of City, except such property as
may be mortgaged to City.
10. Maintenance
RHDC shall, at its sole cost, keep and maintain said Development and
appurtenances and every part thereof, including windows and skylights, and sidewalks adjacent
to said Development in good and sanitary order, condition and repair.
11. Acceptance of the Land
By entry hereunder, RHDC accepts the Site as is, and agrees on the last day of
the Term hereof, or sooner termination of this Lease, to surrender unto City said Development
with said appurtenances in good condition less reasonable use and wear thereof and damages
by fire, act of God or by the elements excepted, and to remove all of RHDC's signs and
personal property from said Development.
12. Insurance Requirements
RHDC agrees to maintain liability insurance in the amounts recommended by
the City Attorney and confirmed by the City Council to be commensurate with the level of risk.
13. Damages caused by Others
Ground Lease
Page 3 of 8
City shall not be liable for any
light, power, air conditioning or janitorial services, nor
any gas, water, steam, sewer or other pipe, or water c
annoyance, inconvenience or damage caused by any c
demised Land or in other parts of the Development,
coming or being upon the Development through the
arising from any act or neglect of the RHDC or
Development.
14. Entry by City
RHDC shall permit City and its
Development during the said term, for any cause.
15. Assignments
With the exception of the rental of the
ry failure of supply of water, gas, heat,
for the stoppage, leaking or bursting of
loser, tank, or other fixture, nor for any
lectric or other wire, whether upon the
nor for any damage caused by water
•oof, or otherwise, nor for any damage
any other tenant or occupant of the
to enter into and upon said
Jnits in accordance with the Assistance
and Operating Agreement RHDC shall not assign thisi Lease, or any interest therein, and shall
not sublet the said Development or any part thereof, or any right or privilege appurtenant
thereto, or suffer any other person (the agents and servants of RHDC excepted) to occupy or
use the said Development, or any portion thereof, v
Any such assignment or subletting without such cons
of City, terminate this Lease. This Lease shall not, nc
as to the interest of RHDC, without the written
foregoing, for purposes of obtaining tax credits, RHD
obligations under this lease to a limited partnership,
RHDC is the general partner. The covenants and cc
the provisions as to assignment, apply to and
administrators, and assigns of all the parties hereto.
thout the prior written consent of City.
nt shall be void, and shall, at the option
shall any interest therein, be assignable,
onsent of City. Notwithstanding the
shall be entitled to assign its rights and
vhich RHDC or an entity controlled by
Etions herein contained shall, subject to
ind the heirs, successors, executors,
16. Remedies for Breach
In the event of any breach of this
by RHDC, then City, in addition to the
option to terminate this lease and other rights and] remedies it may have, shall have the
immediate right of re -entry and may assume operationl of the Development, and may remove all
persons and personal property from the Developments. Should City elect to re- enter, as herein
provided, or should City take possession pursuant to legal proceedings or pursuant to any
notice provided for by law, City may either terminE
without terminating this lease, re -let said Developr
: lease or it may from time to time,
;nt or any part thereof for such term or
Ground Leas
Page 4 of 8
terms (which may be for a term extending beyond the term of this Lease) and at such rental or
rentals and upon such other terms and conditions as City in its sole discretion may deem
advisable with the right to make alterations and repairs to said Development.
17. Condemnation
If any part of the Development shall be taken or condemned for a public or
quasi - public use, and a part thereof remains which is suitable of occupation hereunder by
RHDC, this Lease shall, as to the part so taken, terminate as of the date title shall vest in the
condemnor, and the rent payable hereunder shall be adjusted so that the RHDC shall pay to
City each month for the remainder of the term on that portion of the rent as the fractional area
remaining after the condemnation bears to the total area of the Development prior to the date of
condemnation; but in such event City shall have the option to terminate this Lease as of the date
when title to the part so condemned vests in the condemnor. If all the Development, or such
part thereof be taken or condemned so that there no longer remains a portion suitable for
occupation hereunder, this Lease shall thereupon terminate.
18. Time
Time is of the essence of this Lease.
IN WITNESS WHEREOF, City and Rosemead Housing Development Corporation
have executed this Lease as of the latest date set forth opposite their respective signatures.
Dated: k , 3 2002
CITY
M
Mayor
ATTEST:
ffm
City Clerk
ROSEMEAD HOUSING DEVELOPMENT CORPORATION
Lo
Chairman
Ground Lease
Page 5 of 8
APPROVED AS TO FORM:
in
City Attorney
Ground Leas
Page 6 of 8
Exhibit No. 1
Legal Description
[Legal Description on file with City Clerk]
Ground Lease
Page 7 of 8
Exhibit No.
Site Map
[Site Map on file with City Planning Department]
Ground Lew
Page 8 of 8
Attachment C
PRECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION AND
THE CITY OF ROSEMEAD
ATTENTION: CITY CLERK/COMMISSION SECRETARY
Rosemead, California
(Space above for Recorder.)
This Agreement is recorded at the request and for the benefit of the Rosemead
Community Development Commission and the City of Rosemead, California and is exempt
from the payment of a recording fee pursuant to Government Code Section 6103.
ASSISTANCE AND OPERATING AGREEMENT
THIS ASSISTANCE AND OPERATING AGREEMENT (the "Agreement'
hereinafter) is entered into this day of 2002, by and between the
ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION, a public body corporate
and politic (the "Commission" hereinafter), the CITY OF ROSEMEAD, CALIFORNIA, a
municipal corporation (the "City ") and ROSEMEAD HOUSING DEVELOPMENT
CORPORATION, a California non -profit corporation ( "RHDC" hereinafter), with reference
to the following:
RECITALS
A. Commission is a public body corporate and politic, exercising governmental
functions and powers and organized and existing under the Community Redevelopment Law
of the State of California.
B. City is a municipal corporation organized and existing in the State of California.
Assistance and Operating Agreement
Page 1
C. RHDC is non -profit California corporation
and operating housing within the City of Roserr
housing cost to persons and families of very low -ins
ied for and dedicated to constructing
which is available at an affordable
D. City is fee owner of record of that certain I real property (the "Site" hereinafter)
located in the City of Rosemead, County of Los Angeles, State of California legally
described in Attachment No. 1 attached hereto and i;
Site is the subject of a "Ground Lease" by and betty
for the lease of the Site to RHDC and the operation
senior citizen rental housing project on the Site (the
is attached hereto and incorporated herein by this
execution and recordation of this Agreement is a req
herein by this reference. The
i the City and RHDC which provides
maintenance thereon of an affordable
ect" hereinafter). The Ground Lease
-rence as Attachment No. 2. The
of the Ground Lease.
E. This Agreement is entered into by Comm
operation of elderly and handicapped housing units
City and RHDC to encourage the
ble at an affordable housing cost to
individuals having a gross income of less than forty percent (40 %) of the area -wide median
income.
F. Commission and City's assistance to cause the Project and RHDC's operation of the
Project on the Site, and the fulfillment generally of
the City of Rosemead and the welfare of its resid
purposes and provisions of applicable Federal, State
NOW, THEREFORE, Commission, City and
Assistance and Operas
Page 2
Agreement, are in the best interest of
and in accordance with the public
local laws and requirements.
agree as follows:
Agreement
AGREEMENT
I. ARTICLE 100 COMNIISSION ASSISTANCE
A. Section 101 Commission Pre - development, Development and
Operating Assistance .
The Commission shall bear the following costs and expenses related to the Project: 1)
"Pre- development ", "Construction costs related to the Project ", and "Pre- operating" costs;
and 2) the "Shortfall" occurring between the "Gross Receipts" and the "Operating Expenses"
of the Project, all as hereinafter defined.
1. Section 102 Grant of Pre - development, Construction,
and Pre - operating Assistance
Commission shall grant RHDC amounts sufficient to pay for the following defined
"Pre- development ", "Construction ", and "Pre- operating" costs and expenses related to the
Project as set forth here in the Agreement:
"Pre- development Costs" means the following costs and expenses: a) all required
third -party engineers, architects and other professionals and consultants required to complete
the drawings, plans and specifications required by the City of Rosemead (the "Plans and
Specifications" hereinafter); b) preparing bid documents, bidding, selecting and retaining the
services of all required third -party contractors required to construct the Project and
presenting such bid documents and bidders to the City and/or Commission for approval in
accordance with this Agreement; c) securing City, Commission or RHDC approval of this
Agreement and the Ground Lease (Attachment No. 2); d) permit processing fees and charges
of the City and other governmental agencies having jurisdiction over the Project; and e)
RHDC staff used in connection with any of the above activities calculated by dividing said
staffs compensation, including salary and benefits and. the City overhead rate, by the
approximate percent of the employee's time expended on said activities.
Assistance and Operating Agreement
Page 3
"Construction Costs" means the costs and t
cause the construction of the project for the RHCD i
expenses and fees of any kind or nature in connec
Site, including without limitation contractor's overt
equipment for site work, shell buildings, par
improvements, purchasing and installing all sig
equipment, landscaping, lighting, recreational facil
costs and expenses of construction. Construction C
used in connection with any of the above activities
for RHDC staff as utilized for pre - development acti
"Pre- operating Expenses" means the costs
selecting and retaining the services of an on -site 1
Project and advertising for, screening and retaining
and operate the Project; b) leasing the Project, inclu
other required documents, advertising the Project,
selection process, as hereinafter defined; c) de
procedures, rules and regulations, staffing requirerr
programs required for the operation of the Project
City and/or Commission as provided herein for app
with any of the above activities calculated by
including salary and benefits and City overhead ra
activities.
As provided in Section 104 hereof, Commis
the amount of the "Pre- development, Construction,
to RHDC to pay for the expenses enumerated hereii
contractors shall be paid for approved expenses in a
RHDC and all parties with which it contr
books, accountings and records showing in reason
services provided with respect to the Project and
request such books, accountings and records and res
to perform an audit of same by employing an indep
Assistance and Operal
Page 4
zses incurred by the Commission to
ding all third -party contractual costs,
with constructing the Project on the
labor and materials, machinery and
structures, interior and exterior
finishing, furniture, fixtures and
public improvements and all other
shall include the cost of RHDC staff
by utilizing the same formula
expenses incurred by RHDC for: a)
lager ", as defined hereinafter, for the
other personnel required to maintain
developing the rental agreement and
;ening applicants and conducting the
)ping resident programs, operating
s, a budget and other documents and
the Site, and presentation of same to
al; d) RHDC staff used in connection
.ding the said staffs compensation,
by the amount of time spent on said
shall budget unencumbered funds in
Pre - operating Budget" to be granted
ie. RHDC agrees that all third -party
fashion.
hereunder shall maintain complete
detail the activities performed and
may, from time to time,
the right, at Commission's expense,
it auditor to conduct such audit. If
Agreement
Commission's audit results differ in Commission's favor from the invoices for service
submitted by such party, then Commission shall not be obligated to fund such difference and
RHDC shall be obligated to repay such difference to Commission. RHDC hereby ensures
that all contracts entered into by it with third -party contractors shall provide these rights to
Commission.
2. Section 103 Operating Shortfall
Reimbursement
Commission shall reimburse RHDC for the "Shortfall" occurring between the
"Gross Receipts" and the "Permitted Operating Expenses" of the Project as hereinafter
defined. For the purposes of determining the "Shortfall ", the following terms shall have the
meanings hereinafter described:
a) "Gross Receipts" shall mean any and all income and receipts
actually received by RHDC in connection with the use, rental, occupancy and operation of
the Project on the Site, including without limitation, all rental and other sums received from
the "Tenants" for the rental of the "Units ", as the terms are hereinafter defined, including
amounts paid on account of late rental charges, forfeited deposits, various programs provided
at the Project for the Tenants, and Tenant use of the laundry facilities.
b) "Permitted Operating Expenses" shall mean those costs and
expenses approved by Commission in the "Annual Budget" in place at the time a "Statement
of Income and Expenses" is submitted by RHDC to Commission, all as described
hereinbelow, and incurred by RHDC, including lease payments to the City pursuant to the
Ground Lease (Attachment No. 2), expenses for utilities, personnel, supplies and equipment
used in connection with the maintenance, repair, refurbishing and operation of the Project,
including property management fees, program, promotional and leasing expenses, reserves
for building maintenance and capital improvements, capital expenses and improvements to
the Project and insurance required hereunder and by the Ground Lease (Attachment No. 2).
Such "Shortfall" shall be determined on a quarterly basis, the first quarter
commencing on that date which City issues a Certificate of Occupancy for the Project and
ending on that date which is three (3) months thereafter. In this connection, RHDC shall
prepare and submit to Commission within thirty (30) days following the culmination of each
such quarter a "Statement of Income and Expenses" providing its accounting of the Shortfall
Assistance and Operating Agreement
Page 5
showing in detail how the Shortfall was calculated 1
of the Gross Receipts and Permitted Operating Ex
Expenses shall be prepared consistent with genera
multi- family residential projects. Commission s
submission to review RHDC's Statement of hicor
Statement and reimburse RHDC for such Shortfall.
accountings and records showing in reasonable det
Operating Expenses for the Project. The Commissi
and records and reserves the right, at Commission's
employing an independent auditor to conduct such a
3. Section 104
RHDC shall manage or cause the P
businesslike manner, consistent with first - class,
accordance with the terms of this Agreement. Corr
and exclusive discretion, if Commission has good c
mismanaged in accordance with the terms of this P
approved successor, terminate the services of a given
4. Section 105
RHDC shall maintain insurance
from time to time.
such quarter and detailed breakdowns
ises. Such Statement of Income and
acceptable accounting principles for
l have thirty (30) days from such
and Expenses, and to approve such
HDC shall maintain complete books,
the Gross Receipts and the Permitted
may request such books, accountings
pense, to perform an audit of same by
of Project; Management
ect to be managed in a prudent and
ilti- family housing projects and in
.ssion shall have the right, at its sole
e to believe that the Project is being
eement, to require that RHDC or its
as required by the City attorney,
Assistance and Operating
Page 6
I1. ARTICLE 200 USES
A. Section 201 Use of the Site
In recognition of City and Commission assistance to be provided hereunder, RHDC
covenants and agrees for itself and its successors and assigns, and every successor in interest
to the Site or any part thereof, that during construction and thereafter for the life of the
Project, but not less than fifty -five (55) years from the date of the City's issuance of a
Certificate of Occupancy for the Project (the ` "Term of the Covenants" hereinafter), RHDC
and any approved successors and assigns shall use the Site exclusively for affordable very
low income senior citizen rental housing and in accordance with this Assistance and
Operating Agreement.
RI. ARTICLE 300 COVENANTS
A. Section 301 Operating and Rental Covenants
RHDC covenants and agrees to operate on the Site for the Term of the Covenants the
Project consisting of one (1) and two (2) bedroom units designed for occupancy by an on -site
"Manager ", for rental to "Qualifying Tenants ", as hereinafter defined, each of which shall be
available at an "Affordable Housing Cost ", as that term is hereinafter defined (the "Units"
hereinafter).
"Affordable Housing Cost" for the purposes of this Agreement shall mean the rental
of the Unit, including a reasonable allowance for utility expenses, shall not exceed, forty
percent (40 %) of the median income adjusted by household size for the rental unit. Gross
Income shall include, but not be limited to wages, salaries, overtime, commission, tips,
bonuses, unemployment, disability, worker's compensation, severance pay, interest and
dividends, social security, l annuities, pensions, retirement funds, insurance policies,
disabuiltiy or death benefits, alimony, child support, reular contributions or gifts from
persons not occupying the unit, and any pulic assistance allowance, including armec service
compensation. The Gross Income of each Tenant shall be determined initially by the
application for occupancy and annually thereafter by the Executed Certification of Tenant
Eligibility and Income Verification to be submitted on an annual basis by each Tenant
substantially in a form consistant with the requirements in State and Federal Law.
Assistance and Operating Agreement
Page 7
RHDC further covenants and agrees: 1) to r
the stated Affordable Housing Cost for the Term of t]
any action during such period which may cause the
Tenants unless specifically required by law or other
use reasonable and good faith efforts to maximize oc(
such period; and 4) to operate uses on the Site only in
State and Local laws.
RHDC_ covenants and agrees for itself and
the above - referenced Units at
Covenants; 2) to refrain from taking
Le to cease to be used for Qualified
e provided in this Agreement; 3) to
)ancy of the Units on the Site during
nformity with all applicable Federal,
successors and assigns, and every
successor in interest to the Site or any part thereof, that RHDC and such successors and
assigns shall, subject to the requirements of applicable, law, limit the rental of the Units in the
Project to persons and households meeting the follov
(62) years of age or older for at least one occupant
with the exception of live -in attendants for the hand
has a Gross Income of forty (40) percent or less of the
family size pursuant to Section 8 of the United State
1437f), or its successor, but in no event less than E
($8,800) per year; and 3) ownership of no real estate (
more than Twenty Thousand Dollars ($20,000) in lic
ing minimum criteria: 1) is sixty -two
id 45 -years or older for co- applicants
;apped which may be any age; and 2)
area -wide median income adjusted for
Housing Act of 1937 (42 U.S.C. Sec.
ght Thousand Eight Hundred Dollars
:her than a mobile home and having no
iid assets, including but not limited to
stocks, bonds, and cash deposits; and 4) a Rosemead resident for at least six (6) months
preceding the date of submission of the application for residency, this criterion applying to
each person occupying a Unit in the case of multiple - person households; and 5) maintains
suitable health for independent apartment living; and 6) shall not have lived in another
subsidized unit or benefited from any other rental ass'.
to submitting an application for residency, and (7) is
Responsibility and Work Opportunity Reconciliation
the purposes of this Agreement a cohabitant is a
physical or economic support to the Qualifying Tenar
Temporary residency of a Unit shall also
Qualifying Tenant or the Qualified Permanent Resic
(45) years of age for a period of up to thirty (30) days
To the extent permissible under State and F
selected on a first -come first -serve basis in order of
tance program for six (6) months prior
i qualified alien as defined in Personal
Act (PRWORA) or a U.S. citizen. For
spouse, or person providing primary
permitted, at the request of the
by a person of less than forty-five
any year.
Laws Qualifying Tenants shall be
sion of applications to the RHDC.
Assistance and Operating
Page 8
All unselected households seeking to become tenants shall be placed on a waiting list and
notified as Units become available for occupancy in the order of the waiting list.
Throughout the Term of the Covenants, RHDC shall do each and all of the following:
1) Obtain and maintain or cause to be obtained and maintained on file
from each Tenant residing in the Project a copy of such Tenant's executed "Certification of
Tenant Eligibility and Income Verification" in substantially the form as Attachment No. 3
attached hereto and incorporated herein by this reference.
2) Permit the Commission to inspect the books and records of RHDC or
the management company designated pursuant to this Agreement.
3) Obtain and maintain on file for each Tenant residing in the Project a
copy of such Tenant's federal income tax return for the taxable year immediately preceding
such Tenant's initial occupancy in the Project or, if such tax return is unavailable, other
evidence satisfactory to Commission of income for such year.
4) Prepare and submit to the Commission annually during the Term of
the Covenants a "Certification of Continuing Program Compliance ", in substantially the form
attached as Attachment No. 4 attached hereto and incorporated herein by this reference,
executed by the RHDC and including the percentage of the residential Units of the Project
which were occupied by Qualified Tenants at all times during the period since the filing of
the last Certification of Continuing Program Compliance. The RHDC or its designated
management company will attach to the Commission's copy of the Certification of
Continuing Program compliance the Certifications of Tenant Eligibility and Income
Verification and any tax returns received from the Tenants occupying Units in the Project.
The form of Rental Agreement shall provide for termination of the Rental Agreement
with any particular Tenant and consent by such person to immediate eviction for failure to
qualify as a Qualified Tenant as a result of any material misrepresentation made by such
person with respect to his or her income and income verification.
RHDC covenants by and for itself and any successors in interest that there shall be no
discrimination against, or segregation of, any persons, or group of person, on account of sex,
race, color, creed, marital status, religion, handicap, national origin or ancestry in the
enjoyment of the Site, nor shall RHDC itself, or any person claiming under or through it,
Assistance and Operating Agreement
Page 9
establish or permit such practice or practices of discri mination or segregation with reference
to the selection, location, number, use or occupancy of tenants, lessees, subtenants,
sublessees or vendees of the Site or any portion thereof. The foregoing covenants shall run
with the land and shall remain in effect in perpetuity.
RHDC shall refrain from restricting the rental; sale or lease of the Site on the basis of
race, color, creed, religion, sex, marital status, ancestry or national origin of any person. All
such deeds, leases or contracts shall contain or be subject to substantially the following
nondiscrimination or nonsegregation clauses:
1) In deeds: "The grantee herein co
executors, administrators and assigns, and all persoi
there shall be no discrimination against or segregati(
account of race, color, creed, religion, sex, marital
sale, lease, sublease, transfer, use, occupancy, tei
conveyed, nor shall the grantee himself, or any pi
establish or permit any such practice or practices
reference to the selection, location, number, use or o
sublessees or vendees in the land herein conveyed.
the land."
rants by and for himself, his heirs,
claiming under or through them, that
of any person or group of persons on
tus, ancestry or national origin in the
:e or enjoyment of the land herein
ons claiming under or through him,
f discrimination or segregation with
ipancy of tenants, lessees, subtenants,
ie foregoing covenants shall run with
2) In leases: "The lessee herein covenants by and for himself, his heirs,
executors, administrators and assigns, and all persons claiming under or through him, and
this lease is made and accepted upon and subject to the following conditions:
"That there shall be no discnminatior
group of persons on account of race, color, creed, i
national origin in the leasing, subleasing, transferrin
of the land herein leased nor shall the lessee him
through him, establish or permit any such pracl
segregation with reference to the selection, location
lessees, sublessees, subtenants or vendees in the land
;ainst or segregation of any person or
gion, sex, marital status, ancestry or
use, occupancy, tenure or enjoyment
If, or any person claiming under or
or practices of discrimination or
;umber, use or occupancy of tenants,
rein leased."
3) In contracts: "There shall be no discrimination against or segregation of any
persons or group of persons on account of race, col or, creed, religion, sex, marital status,
ancestry or national origin in the sale, lease, transfer, use, occupancy, tenure or enjoyment of
Assistance and Operating
Page 10
land, nor shall the transferee himself, or any person claiming under or through him, establish
or permit any such practice or practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or
vendees of premises."
The foregoing nondiscrimination covenants shall remain in effect in perpetuity.
IV. ARTICLE 400 STANDARDS
A. - Section 401 Operating Standards
The Manager shall comply with the following standards (the "Standards"
hereinafter):
1) Landscape maintenance shall include, but not be limited to:
watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning;
trimming and shaping of trees and shrubs to maintain a healthy, natural appearance,
replacement of diseased or deceased speciments, and safe road conditions and visibility, and
not only providing optimum irrigation coverage but also complying with current water
conservation techniques; replacement, as needed, of all plant materials; control of weeds in
all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of
trees.
2) Clean -up maintenance shall include, but not be limited to: maintenance of all
sidewalks, paths and other paved areas in such clean and weed -free condition; maintenance
of all such areas free of dirt, mud, trash, debris or other matter which is unsafe or unsightly;
removal of all trash, litter and other debris from improvements and landscaping prior to
mowing; clearance and cleaning of all areas maintained prior to the end of the day on which
the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other
debris are property disposed of by maintenance workers.
3) All maintenance work shall conform to all applicable federal and state
Occupational Safety and Health Act standards and regulations for the performance of
maintenance.
Assistance and Operating Agreement
Page 11
4) Any and all chemicals, unhealthful
during maintenance shall be applied only by person .
license, and in strict accordance with all governing rc
be employed recognizing that all areas are open to pr
5) The Project shall be maintained in
custom and practice generally applicable to coml
Los Angeles County, California. The Project sh
compliance with the approved construction and arc
same may be amended from time to time with the
City, if such approval is required) and reas
maintenance standards.
V. . ARTICLE 500 COMPLIANCE
A. Section 501 RHDC
Laws
RHDC shall comply with all local, state
ubstances, and pesticides used in and
possessing valid California applicators
tions. Precautionary measures shall
access.
condition and in accordance with the
ble first -class multi- family projects in
be maintained in conformance and in
d plans and design scheme, as the
approval of Commission (and the
first -class multi - family housing
LAW
with Federal,.State and Local
federal laws relating to the uses or
condition of the Site, private improvements and public improvements. If any new local laws
relating to the uses of or condition of the improvements create a condition or situation that
constitutes a lawful nonconforming use as defined by! local ordinance with respect to the Site
or any portion thereof, then so long as the lawful nonconforming use status remains in effect
(i.e., until such lawful status is property terminated1by amortization as provided for in the
new local law or otherwise), RHDC and the Manager shall be entitled to enjoy the benefits of
such lawful nonconforming use pursuant to the lawful nonconforming uses ordinance.
VII. ARTICLE 600 COVENANTS RUN I WITH THE LAND; VIOLATION
OF COVENANTS; I
REMEDIES
A. Section 601 Covenants Run with the Land
Whenever the word "RHDC" is used herein, it shall include any and all successors or
assigns, and the provisions hereof are expressly bind l ing upon all such successors or assigns,
and the parties agree all such provisions shall run with the land. Commission shall cause a
fully executed copy of this Agreement to be recorded in the Office of the Los Angeles
Assistance and Operating Agreement
Page 12
County Recorder. Notwithstanding the foregoing, in the event RHDC or its successors or
assigns, shall convey its interest in all or any portion of the Site, they shall be free from and
after the date of recording such conveyance of all liabilities, respecting the performance of
the restrictions, covenants or conditions contained in this Agreement thereafter to be
performed with respect to the Site, or any part thereof, it being intended that the restrictions,
covenants and conditions shall be binding upon the successors or assigns, provided that the
conveying party shall remain liable for any actions prior to the date of conveyance.
The covenants established in this Agreement shall, without regard to technical
classification and designation, be binding for the benefit and in favor of the Commission
and/or the City, its successors and assigns, as to those covenants which are for their benefit.
Commission and/or City are deemed the beneficiaries of the terms and provisions of
this Agreement and of the Covenants running with the land, for and in their own rights and
for the purposes of protecting the interests of the community. The Agreement and the
covenants shall run in favor of the Commission and/or the City without regard to whether the
Commission and/or the City has been, remains, or is an owner of any land or interest therein
in the Site. Commission and City shall have the exclusive right, if this Agreement or
covenants are breached, to exercise all rights and remedies, and to maintain any actions or
suits at law or in equity or other proper proceedings to enforce the curing of such breaches to
which it may be entitled.
VIII. ARTICLE 700 MISCELLANEOUS PROVISIONS
A. Section 701 Event of Destruction of Project; Extended
Coverage and Casualty Insurance
RHDC shall have no obligation to repair or replace any improvements which are
damaged or destroyed by fire or other casualty except to the extent of insurance proceeds
available to RHDC for such purpose. In this connection, RHDC shall maintain fire and
extended coverage casualty insurance (excluding flood and earthquake) for the buildings and
structural improvements on the Site for the full replacement cost thereof for the Term of the
Covenants.
Assistance and Operating Agreement
Page 13
Issuance of a Certificate of Occupancy by
RHDC's obligations under this Section. The
the Term of the Covenants..
Assistance and Operating
City for the Project shall not affect
covenants shall remain in effect for
Page 14
B Section 702 Rights of Access
Commission and City, at their sole risk and expense, reserves the right to enter the
Site or any part thereof at all reasonable times during ordinary business hours for the purpose
of construction, reconstruction, maintenance, repair or service of any public improvements or
public facilities located on the Site, or monitoring RHDC's compliance with the terms and
conditions of this Agreement.
C. Section 703 Severability
If any provision of this Agreement or portion thereof, or the application to any person
or circumstances, shall to any extent be held invalid, inoperative or unenforceable, the
remainder of this Agreement, or the application of such provision or portion thereof to any
other persons or circumstances, shall not be affected thereby; it shall not be deemed that any
such invalid provision affects the consideration for this Agreement; and each provision of
this Agreement shall be valid and enforceable to the fullest extent permitted by law.
D. Section 704 Agreement Binding on Successors and Assigns
The covenants and agreements established in this Agreement shall, without regard to
technical classification and designation, be binding on the RHDC and any successor in
interest to this Agreement, the Site, or any part thereof, for the benefit of and in favor of the
Commission, its successor and assigns, and the City. The covenant, with the exception of the
nondiscrimination covenants hereof which shall remain in effect in perpetuity, shall remain
in effect for the life of the Project, but in no event for less than fifty -five (55) years from the
date of the City's issuance of a Certificate of Occupancy for the Project.
Assistance and Operating Agreement
Page 15
E. Section 705 Prohibition
Agreement
No voluntary or involuntary successor in inte
powers under this Agreement except as expressly set
From the Effective Date of this Agreement
the Covenants, RHDC shall not assign any of F
Agreement without the prior written consent of Con
In the event of an assignment in violation 1
Commission's obligation to make the payments de;
or may be amended, at the sole and exclusive discre
G. Section 707 Effective
The "Effective Date" of this Agreement
2), as specified therein.
Transfer or Assignment of
of RHDC shall acquire any rights or
h herein.
ugh to the expiration of the Term of
s rights or obligations under this
sion having been obtained.
f, or of the Ground Lease with City,
ed in Article 100 hereof shall cease,
of Commission.
of Agreement
be the Ground Lease (Attachment No.
H. Section 708 Amendment or Waiver of Agreement
This Agreement may be amended, or any p o vision hereof waived, only by written
instrument executed by the parties hereto.
I. Section 709 Consistency with Tax Credits
To the extent this Agreement is inconsistent with Tax Credit Allocation Committee
( "TCAC ") regulatory agreement regarding incomes and rents, compliance with the TCAC
regulatory agreement shall constitute compliance with this Agreement.
Assistance and Operating Agreement
Page 16 1
IN WITNESS WHEREOF, the Commission, City and the RHDC have executed this
Agreement.
Dated: 2002
COMMISSION
I
ATTEST:
Commission Secretary
ATTEST:
02
0
City Clerk
City Attorney
Assistance and Operating Agreement
Page 17
Chairman
CITY
By:
Mayor
RHDC
By:
Chairman
APPROVED AS TO FORM:
By:
Commission Counsel
ATTEST:
Commission Secretary
ATTEST:
02
0
City Clerk
City Attorney
Assistance and Operating Agreement
Page 17
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On , 2002, before me, the ui
said State, personally appeared
personally known to me or proved to me on the b�
persons who executed this instrument as the C
respectively, of the ROSEMEAD COMMUNITY L
acknowledged to me that said Commission approved
WITNESS my hand and official seal.
(SEAL)
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
signed, a Notary Public in and for
_ and
of satisfactory evidence to be the
man and Commission Secretary,
TLOPMENT COMMISSION, and
executed it.
On 2002, before me, the undersigned, a Notary Public in and for
said State, personally appeared I and
personally known to me or proved to me on the basis of satisfactory evidence to be the
persons who executed this instrument as the Mayor and City Clerk, respectively, of the CITY
OF ROSEMEAD, and acknowledged to me that said City approved and executed it.
WITNESS my hand and official seal.
(SEAL)
Assistance and Operati
Page 18
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
On , 2002, before me, the undersigned, a Notary Public in and for
said State, personally appeared and
personally known to me or proved to me on the basis of satisfactory evidence to be the
persons who executed this instrument as the of
the ROSEMEAD HOUSING DEVELOPMENT CORPORATION, and acknowledged to me
that said Corporation approved and executed it.
WITNESS my hand and official seal.
(SEAL)
Assistance and Operating Agreement
Page 19
ATTACHMENT
Legal Descrip'
[Legal Description on file
Assistance and Operat
Page 20
City Clerk]
Agreement
ATTACHMENT NO. 2
Ground Lease
Assistance and Operating Agreement
Page 21
ATTACHMENT]
Part I — General Information
1. Project Name
3
2. Project Location
3. Landlord's Name.
Part H -- Unit Information
7. Unit No. 8. Mo. Rent $
9. No. of Bedrooms 10. No.
Part III — Affidavit of Renter
I, , and I,
applicants for rental of an Affordable Unit in
represent and warrant as follows:
, as
above - described Project, do hereby
A. (My /Our) adjusted income (anticipated total) annual income) does not exceed forty
percent (40 %) of the area -wide median income for I the Los Angeles Primary Metropolitan
Statistical Area as such income levels are established and amended from time to time
pursuant to Section 8 of the United States Housing Act of 1937 and published by the State
Department of Housing and Community Development in the California Administrative Code
Assistance and Operating I Agreement
Page 22
and is not less than Eight Thousand Eight Hundred Dollars ($8,800.00). (Uwe) understand
that the applicable median gross income is $ The following
computation includes all income (Uwe) anticipate receiving for the twelve (12) month period
beginning on the date (Uwe) execute a rental agreement for an Affordable Unit or the date on
which (Uwe) will initially occupy such unit, whichever is earlier.
1. For the renter and all family members, include:
(a) amount of wages, salaries, overtime pay, commission, fees, tips and
bonuses, and payments in lieu of earnings, such as unemployment and
disability compensation; workers' compensation and severance pay
(before payroll deductions) $
(b) net income from business or profession or rental of property (without
deduction for repayment of debts or expansion of business) $
(c) interest and dividends $
(d) periodic receipts such as social security, annuities, pensions,
retirement funds, insurance policies, disability or death benefits,
alimony, child support, regular contributions or gifts from persons not
occupying the unit $
(e) public assistance allowance or grant plus excess of maximum
allowable for shelter or utilities over the actual allowance for such
purposes
(f) regular or special pay and allowances of a member of armed services
(whether or to living in the dwelling) who is head of the family or
spouse $
Total Eligible Income: $
Note: The following items are not considered income: casual or sporadic gifts; amounts
specifically for or in reimbursement of medical expenses; lump sum payment such as
inheritances, insurance payments, capital gains and settlement for personal or property
Assistance and Operating Agreement
Page 23
losses; educational scholarships paid directly to
government benefits to a veteran for education; spec
re student or education institution;
cl pay to a servicemen head of family
away from home and under hostile fire; foster child care payments; value of coupon
allotments for purpose of food under Food Stamp Act of 1964 which is in excess of amount
actually charged the eligible household; relocation payments under Title II of Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970; payments
received pursuant to participation in the following programs: VISTA, Service Learning
Programs, and Special Volunteer Programs, SCORE, ACE, Retired Senior Volunteer
Program, Foster Grandparent Program, Older American Community Services Program, and
National Volunteer Program to Assist Small B
2. This affidavit is made with the
Landlord to determine maximum income for elig
estimate contained in paragraph 1 is reasonable
:dge that it will be relied upon by the
and (Uwe) deem reliable and that the
based upon such investigation as the
undersigned deemed necessary.
3. (I/We) will assist the Landlord in o
required to verify the statements made in this Part
federal income tax returns for the past two years.
ring any information or documents
and have attached hereto copies of
4. (I/We) acknowledge that (I/we) have been advised that the making of any
misrepresentation or misstatement in this affidavit I will constitute a material breach of
III
(my /our) agreement with the Landlord to rent the l unit and will additionally enable the
landlord to initiate and pursue all applicable legal and equitable remedies with respect to the
unit and to (me /us).
(I/We) do hereby swear under penalty of perjury that the foregoing statements are true and
correct.
Date
SUBSCRIBED AND SWORN TO before me this
day of
(Notary Seal)
Assistance and Operati
Page 24
Notary Public in and for the State of California
My Commission expires:
Assistance and Operating Agreement
Page 25
INCOME VERIF.
(For Social Security
TO: SOCIAL SECURITY ADMINISTRATION
Ladies and Gentlemen:
I have applied for an affordable senior housii
housing project in the City of Rosemead. Every it
must be stringently verified. Therefore, in connectic
hereby give my consent to release to the Rosemead
City of Rosemead or the Rosemead Community
information requested below.
SIGNED:
SOCIAL SECURITY NUMBER:
�9A
CURRENT ADDRESS:
PHONE:
I
DATE SOCIAL SECURITY MONTHLY
SOCIAL SECURITY MONTHLY BENEFIT
OTHER BENEFITS (Describe and list dollar
rental unit located in a redevelopment
ome statement of a prospective tenant
i with my application for a rental unit, I
-lousing Development Corporation, the
)evelopment Commission the specific
0
BEGAN/WILL BEGIN:
MEDICARE DEDUCTION:
ARE BENEFITS EXPECTED TO CHANGE: Yes 1 - No
Assistance and Operating Agreement
Page 26 1
IF YES, PLEASE STATE DATE AND AMOUNT OF CHANGE:
DATE:
AMOUNT: $
IF RECIPIENT IS NOT RECEIVING FULL BENEFIT AMOUNT, PLEASE INDICATE
REASON AND DATE RECIPIENT WILL START RECEIVING FULL BENEFIT
AMOUNT:
10"MIG Mi
DATE OF RESUMPTION:
SIGNED:
NAME:
PHONE:
PLEASE RETURN FORM TO:
TITLE:
DATE:
AMOUNT: $
Assistance and Operating Agreement
Page 27
ATTACHMENT 1
The of the Rosemead
"RHDC "), hereby represents and warrants that:
I. He /she has read and is thoroughly familiar with the provisions of the
Assistance and Operating Agreement (the "Agreement") by and between the Rosemead
Community Development Commission, the City of Rosemead and RHDC of which this
certification is an attachment.
2. He /She is authorized by RHDC to complete this form.
3. As of the date of this certificate, the following numbers of completed
residential units in the Project are (1) occupied by Qualifying Tenants (as such term is
1
defined in the Agreement) or (2) occupied by a Qualifying Tenant which is also handicapped
(as set forth in the Agreement) or (ii) are currently vacant since the date a Qualifying Tenant
vacated such unit, as indicated:
Occupied Qualifying Tenants No. of Units
Occupied by Handicapped Tenants: No.
Vacant: No. of Units:
By:
4
Development Corporation (the
Assistance and Operating Agreement
Page 28
• • Attachment D
APPROVED
MINUTES OF THE REGULAR MEETING CITY OF ROSEMEAD
ROSEMEAD CITY COUNCIL DAT I oT 3 -93
OCTOBER 26, 1993 BY ^:�,.
The Regular Meeting of the Rosemead City Council was called to
order by Mayor Bruesch at 8:00 p.m. in the Council Chambers of City
.. Hall, 8838 E. Valley Boulevard, Rosemead, California.
The Pledge to the Flag was led by Councilmember McDonald.
The Invocation was delivered by City Treasurer Foutz.
ROLL CALL OF OFFICERS: '
Present: Councilmembers Clark, McDonald, Taylor, Mayor Pro Tem
Vasquez, and Mayor Bruesch
Absent: None
APPROVAL OF MINUTES: SEPTEMBER 28, 1993 - REGULAR MEETING
MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER McDONALD
that the Minutes of the Regular Meeting of September 28, 1993, be
approved. Vote resulted: -
Yes: Clark, Taylor, Bruesch, Vasquez, McDonald
No: None
Absent; None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
APPROVAL OF MINUTES: OCTOBER 12, 1993 - REGULAR MEETING
Approval of these Minutes was deferred to the next regular
meeting.
PRESENTATIONS: RED RIBBON WEEK ESSAY WINNERS
Resolutions were presented by the Council to the following essay
winners:
Kelly Cisneros. Williams School "My dream for a drug -free
community would be no gangs, no drugs, no violence, no graffiti
and people who care about others. The way I would do this I would
get as many people as I could and we would all paint over the
graffiti and try to be family for people who think a gang is their
family. A drug -free community for me would be children of all
races playing outside together and not worrying about getting shot
or kidnapped and I would also try to keep my friends out of drugs
and gangs by telling them that they don't need to be in a gang or
take drugs to be popular; that they could be even more popular
just by caring and being nice to others. That's my dream of a
drug -free community."
Ang Tuan Le Willard Elementary School "My dream of a drug -free
community. Two years ago I pledged that I would never do drugs in
my life and after that pledge I began to have ideas and dreams
about what a community would be like if there were no drugs. In
my dreams I see people with good personalities - and not bad
attitudes and people with good health. Also in my dreams I see
people not doing bad things like burning up buildings. Let me
continue to share my dreams with you. My first dream of a -
drug -free community is that people would have good personalities.
If some people were nice they wouldn't hurt other people.
Everybody would help each other and not fight each other. If
people were nice to each other they could join together and fight
against the important issues of today like pollution by recycling,
reducing and reusing. Using our good personalities could make our
community a beautiful place to live. My second dream of a
drug -free community is that people would have good health. A lot
of people die because of drugs. Some people think that if you
smoke -you can be cool but you are not because they are very bad
CC 10 -26 -93
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11
David Camacho, 3338 Alanreed Avenue, lives adjacent to this site
and was concerned that the property usage would be change. Mr.
Camacho verified the portion of the property that would be affected
and that the usage would remain the same.
Councilmember Clark verified that the existing block wall would
not be altered.
There being no one else wishing to speak, the Mayor closed the
public hearing.
The following ordinance was presented to the Council for
introduction:
0
ORDINANCE NO. 740
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
APPROVING A CHANGE OF ZONE FROM R -2 TO C -3 FOR PROPERTY
LOCATED AT 3343 SAN GABRIEL BOULEVARD (ZC 93 -197)
MOTION BY COUNCILMEMBER McDONALD, SECOND BY COUNCILMEMBER TAYLOR
that Ordinance No. 740 be introduced on its first reading and that
reading in full be waived. Vote resulted:
Yes: Clark, Taylor, Bruesch, Vasquez, McDonald
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
III.LEGISLATIVE
A. RESOLUTION NO. 93 -56 - CLAIMS 6 DEMANDS
The following resolution was presented to the Council for
adoption:
RESOLUTION NO. 93 -56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $318,839.11
NUMBERED 7518 THROUGH 7687
MOTION BY COUNCILMEMBER McDONALD, SECOND BY MAYOR PRO TEM VASQUEZ
that Resolution No. 93 -56 be adopted. Vote resulted:
Yes: Clark, Taylor, Bruesch, Vasquez, McDonald
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
B. RESOLUTION NO. 93 -57 - ADOPTING REGULATIONS FOR CANDIDATES
STATEMENTS SUBMITTED TO VOTERS AT AN ELECTION TO BE FrFr ON
TUESDAY, APRIL 12, 1994
The following resolution was presented to the Council for
adoption:
RESOLUTION NO. 93 -57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE
OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE
VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, APRIL 12, 1994
After some discussion, it was MOVED BY COUNCILMEMBER McDONALD,
SECOND BY MAYOR PRO TEM VASQUEZ that Resolution No. 93 -57 be adopted.
Vote resulted:
CC 10 -26 -93
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.. Councilmember Taylor asked why Mr. Lyons had attended.
Mayor Bruesch stated that since no members of the Council could
attend, Mr. Lyons had gone as a representative of the Council and City
Hall.
MOTION BY COUNCILMEMBER McDONALD, SECOND BY MAYOR PRO TEM VASQUEZ
that the Council reimburse Planning Director Lyons for his trip to
.. Mexico in the amount of $450.00. Vote resulted:
Yes: Clark, Bruesch, Vasquez, McDonald
No: Taylor
- Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
Councilmember Taylor stated "My vote is not against Mr. Lyons as
far as reimbursing him for the expense. I just don't want to get
started on the slippery slope as far as whoever else now, as far as
precedent, that anybody and everybody will be paid now. The Sister
City has been doing a great job as committee to committee not
bureaucracy to brueaucracy and I use that term in the sense that
that's what it can turn into. So, again, it's no reflection on Mr.
Lyons at all. It's just my policy vote as far as I don't want it to
get out of hand because now anybody else I'd have to vote for them,
also. I'd like that in-the minutes. Thank you."
Mayor Bruesch stated "I have confidence in the staff and the
Council not to abuse any type of privilege of representing the City at
- these type of conferences. I don't think in the past this Council nor
- the staff has abused this privilege. I think if you compare our costs
per Councilperson and our cost per Council as a whole for attending
these type of functions with other cities, I think you'll find our
expense rate very commendable and I applaud my colleagues on the
Council for keeping that type of cost down."
CC -E RECEIVE BIDS AND AWARD CONTRACT FOR RESIDENTIAL
REHABILITATION PROGRAM DEFERRED LOAN AT 9752 LOFTUS AVENUE
Councilmember Taylor stated his intention to vote no because of
. the policy.
MOTION BY MAYOR PRO TEM VASQUEZ, SECOND BY COUNCILMEMBER McDONALD
that the Council receive and file all bids; accept and award to Cal
Pacific Contractors,. low bidder, in the amount of $35,000; authorize
staff to enter into contract with the owner and contractor; and reject
all other bids. Vote resulted:
Yes: Clark, Bruesch, Vasquez, McDonald
No: Taylor
Absent: None
Abstain: None
- The Mayor declared said motion duly carried and so ordered.
Councilmember Taylor stated "My vote is not against the applicant
but I'm against the funding policy."
CC -H APPROVAL OF GROUND LEASE AGREEMENT BETWEEN THE CITY OF
ROSEMEAD AND THE ROSEMEAD HOUSING DEVELOPMENT CORPORATION
(ANGELUS AVENUE SENIOR HOUSING PROJECT)
MOTION BY MAYOR PRO TEM VASQUEZ, SECOND BY COUNCILMEMBER McDONALD
that the Council approve the ground lease as amended. Vote resulted:
Yes: 'Clark, Bruesch, Vasquez, McDonald
No: Taylor
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
CC 10 -26 -93
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• APPROVED
CITY F R SEMEAD
DATE
MINUTES OF TAE REGULAR MEETING
ROSEMEAD CITY COUNCIL
AUGUST 13, 2002
The regular meeting of the Rosemead City Council was called to order by Mayor Bruesch at 8:00 p.m. in
the Council Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead, California.
The Pledge to the Flag was led by Councilmember Clark
The Invocation was delivered by Reverend Joshua Cheng of the First Evangelical Church of San
Gabriel.
ROLL CALL OF OFFICERS:
Present: Councilmembers Clark, Taylor,Imperial, Mayor Pro Tern Vasquez, and Mayor
Bruesch
Absent: None
APPROVAL OF MINUTES: JUNE 4, 2002 - SPECIAL MEETING
MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMAN TAYLOR
that the Minutes of the Special Meeting of June 4, 2002, be approved as submitted. Vote resulted:
Yes:
Imperial, Taylor, Bruesch, Clark, Vasquez
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
APPROVAL OF MINUTES: JULY 9, 2002 — REGULAR MEETING.
MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN IMPERIAL that the
Minutes of the Regular Meeting of July 9, 2002, be approved as submitted. Vote resulted:
Yes:
Imperial, Taylor, Clark, Vasquez
No:
None
Abstain:
Bruesch
Absent:
None
The Mayor declared said motion duly carried and so ordered.
APPROVAL OF MINUTES: JULY 23, 2002 — REGULAR MEETING
ccnnN:8 -13 -02
Page 4 1
0
MOTION BY COUNCILMAN IMPERIAL,
Minutes of the Regular Meeting of July 23, 2002, be
0
BY COUNCILMAN TAYLOR that the
as submitted. Vote resulted:
Yes:
Imperial, Taylor, Bruesch, Clark,
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and
ordered.
PRESENTATIONS: None
1. ORAL COMMUNICATIONS FROM THE A
II. PUBLIC HEARINGS - None
III. LEGISLATIVE
A. RESOLUTION NO. 2002 -34 - CLAIMS
The following Resolution was presented to the
RESOLUTION
A RESOLUTION OF THE CITY COUI
ALLOWING CERTAIN CLAIMS AND
NUMBERED 38568 THROUGH 38633
DEMANDS (FY 2001 -2002)
for adoption.
2002 -34
OF THE CITY OF ROSEMEAD
LANDS IN THE SUM OF $675,898.58
MOTION BY COUNCILMAN IMPERIAL, SECC
the Council adopt Resolution No. 2002 -34. Vote resulted:
Yes:
Vasquez, Taylor, Bruesch, Clark,
No:
None
Absent:
None
Abstain:
None
BY COUNCILMEMBER CLARK that
The Mayor declared said motion duly carried and s� ordered.
B. RESOLUTION NO. 2002 -35 — CLAIMS AND.DEMANDS (FY 2002 -2003)
MOTION BY MAYOR PRO TEM VASQUEZ, S]
the Council adopt Resolution No. 2002 -35. Vote resulted:
BY COUNCILMAN IMPERIAL that
CCMIN:8 -13 -02
Page a2
Yes:
Imperial, Taylor, Bruesch, Clark, Vasquez
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
C. RESOLUTION NO. 2002 -36 — A RESOLUTION SUPPORTING U.S.
ATTORNEY GENERAL ASHCROFT'S REQUEST FOR A REHEARING
OF THE NEWDOW CASE REGARDING THE PLEDGE OF
ALLEGIANCE
The following Resolution was presented to the Council for adoption:
RESOLUTION NO. 2002 -36
ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
SUPPORTING U.S. ATTORNEY GENERAL ASHCROFT'S REQUEST FOR
A REHEARING OF THE NEWDOW CASE REGARDING THE PLEDGE OF
ALLEGIANCE TO THE AMERICAN FLAG
MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMEMBER CLARK that
the Council adopt Resolution No. 2002 -36. Vote resulted:
Yes: Imperial, Taylor, Bruesch, Clark, Vasquez
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
Juan Nunez, 2702 Del Mar, Rosemead, stated that Islamic subjects are being taught at a school in
northern California.
D. RESOLUTION NO. 2002 -37 — CONSENTING TO A JOINT PUBLIC
HEARING ON THE REDEVELOPMENT PLAN FOR ROSEMEAD
REDEVELOPMENT PROJECT AREA NO. 1, AMENDMENT 4 AND THE
NEGATIVE DECLARATION
The following Resolution was presented to the Council for adoption:
RESOLUTION NO. 2002 -37
CCMnN:8 -13 -02
Pa 93
0
RESOLUTION NO. 2002 -37 — A RESOL
THE CITY OF ROSEMEAD CONSENTI
ON THE REDEVELOPMENT PLAN FO
PROJECT AREA NO. 1, AMENDMENT
DECLARATION
MOTION BY COUNCILMAN RAPERIAL, SECC
the Council adopt Resolution No. 2002 -37. Vote resulted:
Yes:
Imperial, Taylor, Bruesch, Clark,
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and
E. RESOLUTION NO. 2002 -32 — ALL
VALLEY BOULEVARD DURING
COMMERCE 75 DIAMOND JU
REVOCABLE LICENSE AGREED
MOTION BY COUNCILMAN TAYLOR, SE(
Council adopt Resolution No. 2002 -32. Vote resulted:
Yes:
Imperial, Taylor, Bruesch, Clark,
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and
IV. CONSENT CALENDAR
CC -A CONSIDERATION OF: 1) GROUND I
ROSEMEAD AND THE ROSEMEAD
CORPORATION; 2) ASSISTANCE Al
ACCEPTANCE OF THE ROSEMEAD
COMMISSION'S INTEREST IN PRO]
SENIOR HOUSING COMPLEX
CC -C AUTHORIZATION TO ATTEND NA
ANNUAL CONGRESS OF CITIES, D
UTAH
DN OF THE CITY COUNCIL OF
TO A JOINT PUBLIC HEARING
)SEMEAD REDEVELOPMENT
AND THE NEGATIVE
BY MAYOR PRO TEM VASQUEZ that
ordered.
3 FOR THE CLOSURE OF
4EAD CHAMBER OF
AND APPROVAL OF
BY COUNCILMAN IMPERIAL that the
ordered.
LSE BY AND BETWEEN THE CITY OF
USING DEVELOPMENT
OPERATING AGREEMENT; AND 3)
IMMUNITY DEVELOPMENT
tTY FOR THE GARVEY AVENUE
LEAGUE OF CITIES 79
'sR 3-7,2002, SALT LAKE CITY,
M N:M3 -02
Page s4
CC -D AUTHORIZATION TO ATTEND THE CALIFORNIA CONTRACT CITIES 22
ANNUAL FALL SEMINAR, SEPTEMBER 27-29,2002, DANA POINT
CC -E REQUEST FOR SPEED LIMIT SIGNS ON MUSCATEL AVENUE BETWEEN
KLINGERMAN STREET AND FERN AVENUE
CC -F AUTHORIZATION TO REJECT CLAIM AGAINST THE CITY FROM
KASRIRARAT PORNSAWAN
MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN IMPERIAL that the
Council approve the aforementioned items on the Consent Calendar. Vote resulted:
Yes: Imperial, Taylor, Bruesch, Clark, Vasquez
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
CC -B CONSIDERATION OF AN AGREEMENT BETWEEN THE COUNTY OF LOS
ANGELES AND THE CITY OF ROSEMEAD FOR CONVEYANCE OF COUNTY -
OWNED REAL PROPERTY LOCATED IN CIVIC CENTER PLAZA AND
ADJACENT TO CITY HALL
Juan Nunez, 2702 Del Mar, Rosemead, asked how the City is going to acquire that piece of
property?
Mayor Bruesch replied that through negotiations, the County has agreed to quitclaim the property
to the City at no cost.
Mr. Nunez stated that the County should not be giving property away.
Mayor Bruesch stated that since City Hall was built in 1968, it was assumed that that piece of
property belonged to the City and was utilized as such. Mr. Bniesch continued that recent surveys taken
in preparation for City Hall expansion revealed that the property belonged to L.A. County. Through
negotiations with the County, the County agreed to transfer the County -owned property to the City.
Bill Crowe, City Manager, explained that the County originally appraised the property at
$203,000, at which time the City requested that we negotiate the value with them. Subsequently, the
Board of Supervisors approved conveying the property to the City at no cost.
MOTION BY COUNCILMAN IMPERIAL, SECOND BY MAYOR PRO TEM VASQUEZ that
the Council approve the conveyance agreement with the County of Los Angeles that provides for the
transfer of County -owned property to the City and the continued joint use and maintenance of civic center
facilities. Vote resulted:
CCNIIN:8 -13.02
Page #5
Yes:
Imperial, Taylor, Bruesch, Clark,
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and
CC -G CONSIDERATION OF OPTION TO
SIGN AT THE 60 FREEWAY AND c
Councilman Taylor stated that he will vote No on
yearterm.
Juan Nunez, 2702 Del Mar, Rosemead, stated that
money.
Mayor Bruesch stated that most communities with
signs.
MOTION BY COUNCILMAN IMPERIAL, SEC(
the Council approve the Option to Lease Agreement; auth(
behalf of the City; and instruct the City Manager to deliver
$7,500.00 option payment. Vote resulted:
Yes:
Imperial, Bruesch, Clark, Vasquez
No:
Taylor
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and
V. MATTERS FOR DISCUSSION AND
VI. STATUS REPORTS
VII. MATTERS FROM OFFICIALS
A. SEPTEMBER 11 OBSERVANCE
Mayor Bruesch opened up discussion regarding
want to consider.
0
ordered.
►SE AGREEMENT FOR FREEWAY
GABRIEL BOULEVARD
item as this is a $1 million cost over the 10
City should not be paying that amount of
frontage are erecting these types of
BY MAYOR PRO TEM VASQUEZ that
the Mayor to execute the document on
signed agreement to the lessor with the
ordered.
of observance or tribute the City might
CCMIN:8 -13 -02
Page u6
0 0
Bill Crowe, City Manager, stated that the County of Los Angeles is having a ceremony at their
mall, after which they will join with the City of Los Angeles in a procession down Temple Street,
culminating in an interfaith service at the new church across from the Hall of Administration.
Councilman Imperial suggested that laying of a wreath service in memory of the victims be held at
the Vietnam Memorial on that day at 10:00 a.m..
B. DISCUSSION OF SB 928 (ROMERO) EMERGENCY MEDICAL SERVICES
ACTION OF 2002
Mayor Bruesch requested that a letter be sent to Senator Romero's office in support of the
legislation which places a 5 -cent fee per drink on distilled spirits and beer sold in California.
Councilman Taylor stated that this money becomes dedicated funding, and it is frustrating when a
problem does not change, only the funding does.
Mayor Bruesch stated that the trauma centers are being reduced from 17 centers to 3.
Councilman Taylor stated that there is a need for the centers, but the problem remains of people
drinking and driving.
Councilman Imperial stated that in the last few years armed forces facilities have closed down
which would have made excellent trauma centers. Mr. Imperial stated that this is not the best use of
taxpayers dollars.
Mayor Bruesch stated that there have been three different bills regarding trauma centers, and that
SB 928 is the most acceptable one of them.
Councilmember Clark stated that our backs are against the wall because the State is threatening to
take vital funds away. Ms. Clark added that this is another one of those "gut and amend" bills as
discussed at a previous Council meeting. This bill started out relating to the financing of seismic safety
for trauma centers and is now very different in its present form. Ms. Clark stated that she does not
approve of a bill being treated this way at the State level, but because of the threat of funding being taken
away and the trauma centers closing, she will vote in favor of this item.
MOTION BY COUNCILMEMBER CLARK, SECOND BY MAYOR PRO TEM VASQUEZ
that the Council direct staff to prepare the necessary correspondence and direct the City Clerk to send
copies to the recommended members of the Legislature and our Legislative Advocate. Vote resulted:
El
The Mayor declared said motion duly carried and
Councilman Imperial stated that he is not against
today's situation.
•
ordered.
trauma centers, but the history leading up to
VIII. ORAL COMMUNICATIONS FROM THE
Mary Jo Maxwell, Executive Director, Rosemead C
be placed on their upcoming Legislative Affairs Committee
of Commerce, stated that SB 928 will
IX. ADJOURNMENT
There being no further action to be taken at this time, the meeting was adjourned at 8:35 p.m.
The next regular meeting will be held on Tuesday, August 27, 2002, at 8:00 p.m.
Respectfully submitted:
'_/ =-0-11
CCMIN:8 -13 -02
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