CC - Agenda 3-22-11Public Comment from the Audience
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This agenda was posted 72 hours in
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8838 E. Valley Boulevard, Rosemead; the
L.A. County Library, Rosemead Branch,
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other locations pursuant to RMC Sec.
1.08.020. Any writings or documents
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Rosemead
City Council
and
Community Development
Commission
JOINT MEETING
AGENDA
March 22, 2011
6:00 PM
City Hall Council Chamber
8838 E. Valley Boulevard, Rosemead, California 91770
www.cityofrosemead.org
Gary Taylor, Mayor
Steven Ly, Mayor Pro Tem
Sandra Armenta, Council Member
Margaret Clark, Council Member
Polly Low, Council Member
ROSEMEAD CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION, AND HOUSING DEVELOPMENT CORPORATION
JOINT MEETING AGENDA
March 22, 2011
Community Development Commission
and
City Council
Meeting Agenda
CALL TO ORDER —6:00 PM
• PLEDGE OF ALLEGIANCE— Chair /Mayor Taylor
• INVOCATION —Vice-Chair/Mayor Pro Tern Ly
• ROLL CALL:
• CDC — Chair Taylor, Vice -Chair Ly, Commissioners Armenta, Clark, Low
• City Council —Mayor Taylor, Mayor Pro Tern Ly, Council Members Armenta, Clark, Low
1. ORDINANCES READ BY TITLE ONLY
State law requires that all ordinances be read in full prior to the City Council /Agency Board taking
action; however, by motion, unanimously adopted, the City Attorney can be instructed to read all
ordinances by title only.
Recommendation: That the City Attorney be instructed to read all ordinances which appear on this
agenda by title only, and that further reading be waived.
2. PUBLIC COMMENTS FROM THE AUDIENCE
3. 9111 MEMORIAL RAFFLE DRAWING
4. COMMISSION CONSENT CALENDAR
A. Claims and Demands
• Resolution No. 2011— 09
Recommendation: to approve Resolution No. 2011 — 09, entitled:
A RESOLUTION OF THE ROSEMEAD COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF ROSEMEAD
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM
OF $116,454.70 DEMAND NO. 10106 AND DEMAND NOS.
11458 THROUGH 11468.
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ROSEMEAD CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION, AND HOUSING DEVELOPMENT CORPORATION
JOINT MEETING AGENDA
March 22, 2011
Resolution No. 2011 -10
Recommendation: to approve Resolution No. 2011 —10, entitled:
A RESOLUTION OF THE ROSEMEAD COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF ROSEMEAD
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM
OF $221,811.50 DEMAND NOS. 11469 THROUGH 11480.
5. CLOSED SESSION
A. Conference with Legal Counsel:
1) Government Code 54956;9(c): Potential Litigation (1 matter)
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ROSEMEAD CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION, AND HOUSING DEVELOPMENT CORPORATION
JOINT MEETING AGENDA
March 22, 2011
City Council
and
Community Development Commission
Meeting Agenda
• CALL TO ORDER — 7:00 PM
• PLEDGE OF ALLEGIANCE —Mayor Taylor
• INVOCATION — Mayor Pro Tern Ly
• 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. PUBLIC COMMENTS FROM THE AUDIENCE
The City Council will receive public comments on matters not listed on the agenda.
7. GENERAL ELECTION MATTERS
A. Resolution Reciting the Facts of the General Municipal Election held March 8, 2011
and Declaring the Results as Required by Law
On March 14, 2011, the City Clerk's office conducted the manual tally of one precinct as
required by the California Elections Code. On the same day, the final count of ballots was
conducted including provisional ballots and vote by mail ballots that were submitted on
March 8, 2011 (Election Day) before the closing of polling locations.
Resolution No. 2011 -12 declares the official results of the March 8, 2011 election and
includes the signed Certification of Canvass of election results. The resolutions also declares
that the City Clerk must immediately make and deliver to each of the persons elected a
Certificate of Election and administer to each the Oath of Office prescribed in the
Constitution of the State of California.
Recommendation: to approve Resolution No. 2011 —12, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, RECITING THE FACT OF THE
GENERAL MUNICIPAL ELECTION HELD ON MARCH 8, 2011
DECLARING THE RESULT AND SUCH OTHER MATTERS AS
PROVIDED BY LAW
B. Administration of the Oath of Office and Issuance of Certificates of Election to Polly
Low and William Alarcon
C. Presentations and Comments
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ROSEMEAD CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION, AND HOUSING DEVELOPMENT CORPORATION
JOINT MEETING AGENDA
March 22, 2011
8. CITY COUNCIL REORGANIZATION
This is the time for the Council to reorganize by,appointing a Mayor and Mayor Pro Tem, respectively for
one -year terms.
A. Appointment of Mayor— City Clerk Presiding
B. Appointment of Mayor Pro Tern — Newly appointed Mayor Presiding
C. Presentations and Comments
9. PUBLIC HEARINGS
A. Municipal Code Amendment 11.01, Public Hearing on the Adoption of Urgency
Ordinance No. 911 and Regular Ordinance No. 910 Amending Title 17 (Zoning) of the
Rosemead Municipal Code adding Chapter 17.106 Prohibiting Medical Marijuana
Dispensaries Citywide
Municipal Code Amendment 11 -01 consists of a City of Rosemead initiated amendment to
Title 17 "Zoning" of the Rosemead Municipal Code adding Chapter 17.106 prohibiting
medical marijuana dispensaries citywide.
On March 7, 2011, the Planning Commission was presented with Municipal Code
Amendment 11 -01 and adopted Resolution No. 11 -04 recommending approval of Ordinance
No. 910 to the City Council.
Recommendation: That the City Council take the following actions:
1. Hold the noticed public hearing, receive public comment;
2. Move and adopt the proposed Urgency Ordinance and file the Notice of Exemption for
the project; Ordinance No. 911, entitled:
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA, AMENDING TITLE 17
'ZONING' OF THE CITY'S MUNICIPAL CODE ADDING
CHAPTER 17.106 PROHIBITING MEDICAL MARIJUANA
DISPENSARIES CITYWIDE
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ROSEMEAD CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION, AND HOUSING DEVELOPMENT CORPORATION
JOINT MEETING AGENDA
March i2,2011
3. Move to introduce for first reading Ordinance No. 910, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING TITLE 17 "ZONING"
OF THE CITY'S MUNICIPAL CODE ADDING CHAPTER 17.106
PROHIBITING MEDICAL MARIJUANA DISPENSARIES
CITYWIDE
B. The Adoption of Urgency Ordinance No. 912 and Regular Ordinance No. 913
Amending Chapter 5.24 of the Rosemead Municipal Code Pertaining to the Regulation
of Massage Establishments and Massage Service Providers
The proposed ordinances would amend Chapter 5.24 of the Rosemead Municipal Code to
update the City's massage regulations comply with state law and to ensure that massage
establishments and massage practitioners are appropriately regulated to best ensure the
public safety, health, and welfare.
Recommendation: That the City Council take the following actions:
1. Hold the noticed public hearing, receive public comment;
2. Move to adopt the proposed Urgency Ordinance and file the Notice of Exception;
Ordinance No: 912, entitled:
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA, AMENDING CHAPTER
5.24 OF THE ROSEMEAD MUNICIPAL CODE REGARDING
THE LICENSING AND REGULATION OF MASSAGE
PRACTITIONERS AND MASSAGE ESTABLISHMENTS
3. Move to introduce for first reading Ordinance No. 913, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING CHAPTER 5.24 OF
THE ROSEMEAD MUNICIPAL CODE REGARDING THE
LICENSING AND REGULATION OF MASSAGE
PRACTITIONERS AND MASSAGE ESTABLISHMENTS
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ROSEMEAD CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION, AND HOUSING DEVELOPMENT CORPORATION
JOINT MEETING AGENDA
March 22. 2011
C. Municipal Code Amendment 10.04, Amending the Rosemead Municipal Code to
Revise Regulations Pertaining to the Development and Operation of Adult Businesses
in the City of Rosemead
Municipal Code Amendment 10 -04 is a City initiated amendment to revise Title 5 (Business
Licenses and Regulations) and Title 17 (Zoning) of the Rosemead Municipal Code. The
purpose of the amendments is to revise the regulations for adult businesses in order to
prevent their concentration or proximity_to incompatible uses, and avoid negative secondary
effects associated with adult business uses. The proposed adult business Urgency
Ordinance No. 914 and regular Or No. 903 address licensing /permitting provisions,
operating standards, and zoning limitations for these adult businesses.
This item was presented to the Planning Commission for consideration on March 7, 2011. At
that hearing the Planning Commission reviewed the proposed adult business regulations. At
the conclusion of the hearing, the Planning Commission adopted Resolution No. 11 -02,
recommending that the City Council adopt Ordinance No. 903.
Recommendation: That the City Council take the following actions:
1. Hold the noticed public hearing, receive public testimony;
2. Move to adopt Urgency Ordinance to regulate adult businesses and file the Notice of
Exemption for the project; Ordinance No. 914, entitled:
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA, APPROVING MUNICIPAL
CODE AMENDMENT 10. 04, AMENDING CHAPTER 5.08 AND
ADDING NEW CHAPTER 5.10 TO THE ROSEMEAD
MUNICIPAL CODE PERTAINING TO THE REGULATION OF
ADULT BUSINESSES AND ADULT BUSINESS
PERFORMERS; AND AMENDING CHAPTERS 17.44,17.56,
AND 17.80 OF THE ROSEMEAD MUNICIPAL CODE
PERTAINING TO THE ZONING AND LOCATIONAL
REQUIREMENTS FOR ADULT BUSINESSES
3. Move to adopt Resolution No. 2011 -11, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA ADDING CERTAIN ADULT
ENTERTAINMENT BUSINESS LICENSE FEES
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i
ROSEMEAD CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION, AND HOUSING DEVELOPMENT CORPORATION
JOINT MEETING AGENDA
March 22, 2011
4. Move to introduce for first reading Ordinance No. 903, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, APPROVING MUNICIPAL CODE
AMENDMENT 10 -04, AMENDING CHAPTER 5.08 AND
ADDING NEW CHAPTER 5.10 TO THE ROSEMEAD
MUNICIPAL CODE PERTAINING TO THE REGULATION OF
ADULT BUSINESSES AND ADULT BUSINESS
PERFORMERS; AND AMENDING CHAPTERS 17.44,17.56,
AND 17.80 OF THE ROSEMEAD MUNICIPAL CODE
PERTAINING TO THE ZONING AND LOCATIONAL
REQUIREMENTS FOR ADULT BUSINESSES
10. CITY COUNCIL CONSENT CALENDAR
A. Claims and Demands
• Resolution No. 2011 -13
Recommendation: to approve Resolution No. 2011 —13, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS
IN THE SUM OF $1,463,093.44 NUMBERED 101178 THROUGH
101177 AND 72973 THROUGH 73113 INCLUSIVELY
B. City Clerk's Association of California 2011 Annual Conference — April 27th — 29th
Attached for your consideration is information regarding the City Clerk's Association of
California Annual conference, which will take place in South Lake Tahoe.
Recommendation: That the City Council authorize the attendance, at City expense, of the
City Clerk.
C. City Hall Window Replacement/Energy Efficiency Conservation Block Grant (EECBG)
— Award of Contract
As part of the City's 2010 -11 Capital Improvement Program budget, the City Council
approved a program entitled Cityvride Energy Efficiency Improvements, which consists of
several modernization projects of existing infrastructure and systems at City facilities. This
project includes the replacement of nearly 40 windows and frame components at City Hall.
The City's allocated an amount of $85,000 that was acquired through the feral stimulus
American Recovery and Reinvestment Act of 2009 (ARRA).
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ROSEMEAD CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION, AND HOUSING DEVELOPMENT CORPORATION
JOINT MEETING AGENDA
March 22, 2011
On February 8, 2011, following a public advertisement/bid process, the City Council rejected
all bids received for the project and directed staff to re- advertise at a later date. Since this
time, the project was re- advertised and new bids were received.
Recommendation: That the City Council take the following actions:
1. Approve the plans & specifications for the City Hall Window Replacement Project
2. Authorize the City Manager to enter into a contract with Fast -Track Construction Corp.
for the City Hall Window Replacement Project for an amount of $72,900.00 and establish
an amount of $10,935.00 (15 %) to cover the cost of unforeseen construction expenses.
D. Whitmore Street Road Resurfacing Project, Phase 2 — Award of Contract
As part of the City's Fiscal Year 2010 -1,1 Capital Improvement Program, the City Council
approved the "Whitmore Street Resurfacing Project, Phase 2 ", which consists of the
rehabilitation of Whitmore Street from San Gabriel Boulevard to the Alhambra Wash.
Funding for this project is available through the Community Development Block Grant
(CDBG) program. The program requires that funds be spent on specific project types and in
specific target areas. This project meets CDBG requirements.
Recommendation: That the City�Council take the following actions:
1. Approve plans and specifications for this improvement project;
2. Authorize the City Manager to enter into a contract with Superior Paving Co. Inc., (dba
United Paving Co.) for the Whitmore Avenue Street Resurfacing Project— Phase 2, in
the amount of $163,611.34;
3. Establish an amount of 10% of the contract amount ($16,400), as a contingency, to
cover the potential cost of unforeseen site conditions.
E. Annual 2010.11 Slurry Seal Project= Award of Contract
As part of the City's Fiscal Year 2010 -1.1 Capital Improvement Program, the City Council
approved a program entitled, "Targeted Public Works Projects', which consists of public
improvements to the City's local streets and public right -of -way areas. This project will help
extend the life of local streets and improve community aesthetics. This project is funded
through the Community Development Block Grant (CDBG) program. The program requires
that funds be spent on specific project types and in specific target areas. This proposed
project meets the CDBG requirements.
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ROSEMEAD CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION, AND HOUSING DEVELOPMENT CORPORATION
JOINT MEETING AGENDA
March 22, 2011
Recommendation: That the City:Council take the following actions:
1. Approve plans and specifications for this improvement project;
2. Authorize the City Manager to enter into a contract with Sully - Miller Contracting for the
Annual 2010 -11 Slurry Seal Project in the amount of $284,820.00;
3. Establish an amount of 10% of the contract amount ($28,500) as a contingency, to cover
the potential cost of unforeseen site conditions.
Off -Site Free Standing Sign Lease Agreement for the Glendon Hotel
On February 22, 2011, the Rosemead Community Development Commission approved an
agreement for the sale of the Glendon Hotel to the Qiao Garden Group Real Estate
Company, Ltd. (Qiao Garden Group). As a result of the transaction, the Commission will be
paid a total of $3.8 million. In addition, the Qiao Garden Group plans to renovate the hotel
into an upscale facility that will generate increased Transient Occupancy Tax (TOT)
revenues to the City. Due to the proximity of the hotel the Interstate 10 (1 -10) freeway, the
Qiao Garden Group has requested to erect an off -site free standing sign in the public right -
of -way next to the 1 -10 off Ivar Avenue and Olney Street.
Recommendation: That the City Council authorize staff to develop a lease agreement, to
be brought back at a later date for approval, with the Qiao Garden Group that would allow
them to erect an off -site free standing sign in the public right -of -way next to the 1 -10 of Ivar
Avenue and Olney Street.
11. MATTERS FROM CITY MANAGER/EXECUTIVE DIRECTOR & STAFF
A. Acquisition of 8628 Landis View Lane, Rosemead for Affordable Housing in
Compliance with Federal Home Grant Regulations
On April 27, 2010, the City Council entered into an Agreement with Rio Hondo Community
Development Corporation ( RHCDC) for the production of affordable housing using the 15%
Community Housing Development Organization (CHDO) set -aside funding as required under
the Home Investment Partnerships (HOME) entitlement grant. Since then, the City has been
working with RHCDC to locate a property suitable for affordable housing. Recently, a single -
family home located at 8626 Landis View Lane in the City of Rosemead became available for
sale with an asking price of $425,000. We were one of several offers made on the property
and the owner selected RHCDC's offer of $425,000. In addition to the $425,000, RHCDC
would be required to pay approximately $24,840 in related closing costs, development fees,
and cosmetic improvements upon;acquiring the property. The seller has agreed to a
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ROSEMEAD CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION, AND HOUSING DEVELOPMENT CORPORATION
JOINT MEETING AGENDA
March 22, 2011
$15,000 credit and the RHCDC has allocated $6,440 that will be applied towards these
additional costs leaving a balance of $3,400. Therefore, the total amount needed would be
$428,400, pending funding approval of a 0% deferred payment loan by the City Council in
the amount of $227,086 from the HOME CHDO Set -Aside Fund and a 0% forgivable loan by
the Rosemead Community Development Commission ( "CDC ") of $201,314 from the Low and
Moderate Income Housing Fund..
The unit would be restricted as a rental property for a low- to moderate - income household
and be subject to a 55 -year affordability covenant. The property currently contains a 1,600
square ft., three - bedroom, two bathrooms, single - family residence built in 1959 on a 8,120
square ft., R1 -zoned lot.
Recommendation: That the following actions are taken for the purchase of the property
located at 8628 Landis View Lane.
The Community Development Commission approve a 0% deferred payment loan in
the amount of $201,314 funded by the Redevelopment Low and Moderate Income
Housing Fund to the Rio Hondo Community Development Corporation and authorize
the Chairman to enter into all related documents including the Loan Agreement,
Promissory Note, Deed of Trust, Regulatory Agreement, and Affordable Housing
Declaration of Covenants, Conditions and Restrictions (see Attachments B — F).
The loan would be forgivable in year 55 if all conditions of the agreements are met;
and
2. The City Council approve•a 0% deferred payment loan in the amount of $227,086
funded by the HOME CHDO Set -Aside Fund to the Rio Hondo Community
Development Corporation,and authorize the Mayor to enter into all related
documents including the Loan Agreement, Promissory Note, Deed of Trust,
Regulatory Agreement, and Affordable Housing Declaration of Covenants,
Conditions and Restrictions. The loan would not be due payable until the.sale of the
home, transfer of ownership or year 55.
12. MATTERS FROM MAYOR & CITY COUNCIL
A. Consideration to Relocate the April 12, 2011 Community Development Commission
and City Council Joint Meeting to the Garvey Community Center
The City Council will consider moving the April 12, 2011, Community Development
Commission and City Council joint meeting to the Garvey Community Center located at 9108
Garvey Avenue in Rosemead. The meeting will be recorded and downloaded to the City's
website.
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ROSEMEAD CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION, AND HOUSING DEVELOPMENT CORPORATION
JOINT MEETING AGENDA
March 22. 2011
Recommendation: That the City Council provide direction regarding relocating the April 12,
2011 CDC and City Council joint meeting to the Garvey Community Center.
B. Formation of a City Council Ad Hoc Committee on Emergency Preparedness
Council Member Polly Low has requested the formation of an ad hoc committee to review
the City's preparations for disasters.
Recommendation: That the City.Council provide direction on the formation of an ad hoc
committee.
13. ADJOURNMENT to a reception in the City Hall foyer to "Meet and Greet" the newly constituted City
Council.
The next regular joint Community Development Commission and City Council meeting is
scheduled to take place on April 12, 2011 at 6:00 p.m. and 7:00 p.m., respectively.
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