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CC - Item 7A - Minutes 3-22-11Minutes of the Community Development Commission and City Council Regular Meeting March 22, 2011 The regular meeting of the Rosemead Community Development Commission order by Mayor Taylor at 6:05 p.m. in the Rosemead City Council Chamber lo Boulevard, Rosemead, California. FLAG SALUTE: Commissioner /Council Member Armenta INVOCATION: Commissioner /Council Member Clark PRESENT: Chair/ Mayor Taylor, Vice - Chair/ Mayor Clark and Low Council was called to 8838 East Valley Council Members Armenta, STAFF PRESENT: City Manager Allred, City ,Attorney Richman, Assistant City Manager Hawkesworth, Community Development Director Wong, Director of Finance Brisco, Director of Parks and Recreation Montgomery- Scott, Economic Development Manager Ramirez, Public Works Director Marcarello, and City Clerk Molleda 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. Vice-Chair /Mayor Pro Tern Steven Ly made a motion, seconded by Commissioner /Council Member Sandra Armenta, to approve ordinance by title only. Vote resulted in: No: Non Abstain: Low, Ly, Taylor 2. PUBLIC COMMENTS FROM THE AUDIENCE Larry Lue - Chief Executive Officer of CSC Community Health Center introduced Kerry Situ, business counselor at China Town Service Center. Mr. Lue explained that the center runs a small business program and Ms. Situ works with residents and small businesses in the City of Rosemead. Rosemead City Council and Community Development Commission Joint Meeting Minutes of March 22, 2011 Page 1 of 20 Kerry Situ — explained that their program provides technical assistance to small businesses, 'one on one' business counseling, and business training to the Chinese immigrant community. She added that the center has been working closely with the Rosemead Chamber of Commerce on assisting small businesses in the City of Rosemead. 3. 9111 MEMORIAL RAFFLE DRAWING Director of Parks and Recreation Montgomery -Scott stated that in efforts to 11 Memorial, staff raise about $2,500 in raffle tickets to giveaway over 40 p winners. 4. COMMISSION CONSENT CALENDAR A. Claims and Demands Resolution No. 2011— 09 Recommendation: to approve Resolution No. A RESOLUTION OF THE ROSEMEAD COMM DEVELOPMENT COMMISSION OF THE CITY ALLOWING CERTAIN CLAIMS AND DEMANI OF $116,454.70 DEMAND NO. 10106 AND DE 11458 THROUGH 11468. No. 2011 -10 money for the September he announced the top five entitled: THE SUM D NOS. No. 2011 —10, entitled: ROSEMEAD COMMUNITY MISSION OF THE CITY OF ROSEMEAD CLAIMS AND DEMANDS IN THE SUM OF $221,811.50 DEMAND NOS. 11469 THROUGH 11480. Vice-Chair/Mayor Pro Tem Steven Ly made a motion, seconded by Comm issionerlCouncil Member Polly Low, to approve Commission Consent Calendar. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None Rosemead City Council and Community Development Commission Joint Meeting Minutes of March 22, 2011 Page 2 of 20 5. CLOSED SESSION A. Conference with Legal Counsel 1) Government Code 54956.9(c): Potential Litigation (1 matter) Chair /Mayor Taylor announced there would be no Closed Session discussion and recessed the meeting to the 7:00 p.m. City Council meeting. Rosemead City Council and Community Development Commission Joint Meeting Minutes of March 22, 2011 Page 3 of 20 Minutes of the City Council Meeting The regular meeting of the Rosemead City Council was called to order by Mayor Taylor at 7:03 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. FLAG SALUTE: Mayor Taylor INVOCATION: Mayor Pro Tem Ly PRESENT: Mayor Taylor, Mayor Pro Tern Ly, Council Members Low STAFF PRESENT: City Manager Allred, City Attorney Richman, Assistant City Manager Hawkesworth, Community Development Director Wong, Director of Finance Brisco; Director of Parks and Recreation Montgomery- Scott, Economic Development Manager Ramirez, Public Works Director Marcarello, and City Clerk Molleda 6. PUBLIC COMMENTS FROM THE AUDIENCE Marlene Shinen — commended outgoing Mayor Taylor best interest of the Rosemead citizens and has been ai Taylor has stood against corruption and spoke out agar for financial investigations of former City Attorney Garc' the Glendon Hotel, and a questionable development at past issues involving Wal -Mart, annexation attempts of attempt to make Rosemead a Charter City. Ms. Shinen objection when pertinent facts were withheld from the C Niko Rudela - hunger and raise TECH, Teenagers Ending Chil let the community know about Mayor Taylor directed Mr. Ru preliminary process for use of R. Alejandro Gandara — comments. for his years of service, successfully serving in the i upright and honest man, Ms. Shinen added that Mr. nst depravity; holding those accountable and calling a, Councilmen's Nunez sexual harassment cover -up, empt She continued by expressing concerns with South San Gabriel, hiring of City Attorney, and an reiterated that the council majority at that time had no :ouncil -by the City Attorney. o Bosco Tech Youth Ministry, stated that his group has been helping the not have much. He continued by stating that his group wants to help end child the community. Mr. Rudela suggested running a fair at Rosemead Park called J Hunger and asked Council permission to use Rosemead Park as an outlet to fherising epidemic of child hunger. contact Director of Parks and Recreation Montgomery -Scott for the facility. candidate elect William Alarcon and questioned Ms. Shinen's City Attorney Richman explained that comments should be directed to the Council about items on the agenda or under the subject matter jurisdiction. Rosemead City Council and Community Development Commission Joint Meeting Minutes of March 22, 2011 Page 4 of 20 Mr. Gandara — continued and commended outgoing Mayor Taylor for his wisdom, experience and looking after the city's finances. He expressed support to nominate Council Member Armenia as Mayor Pro Tem; however, he felt that it was Council Member Low's turn based on past rotation practices. 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 TH CITY OF kLIFORNIA, RECITING THE FACT OF THE ICIPAL ELECTION HELD ON MARCH 8, 2011 E RESULT AND SUCH OTHER MATTERS AS Mayor Pro Tern Steven Ly made 'a motion, seconded by Council Member Sandra Armenta, to approve Resolution No. 2011 -12. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None B. Administration of the Oath of Office and Issuance of Certificates of Election to Polly Low and William Alarcon City Clerk Molleda approached the podium to administer the Oath of Office to candidate elect Polly Low. Silvia Alarcon — approached the podium to administer the Oath of Office to candidate elect William Alarcon. C. Presentations and Comments Rosemead City Council and Community Development Commission Joint Meeting Minutes of March 22, 2011 Page 5 of 20 Becky Chenq - representing Judy Chu's Office, presented a certificate of congressional recognition to newly elected Council Member William Alarcon and re- elected Council Member Polly Low. Thomas Wong - representing Assembly Member Mike Eng's Office, presented certificates of congratulations to newly elected Council Member William Alarcon and re- elected Council Member Polly Low. Susan Reyes - field representative for Senator Ed Hernandez Office, presented a certificate of recognition to outgoing Mayor Gary Taylor for his 37 years of public service. Ms. Reyes also presented certificates of recognition to Council Member William Alarcon and Council Member Polly Low. Council Member Joaquin Lim - from the City of Walnut coi Council Member William Alarcon and Council Member Polly Brian Lewin – congratulated newly elected Council Polly Low. Ted Saulino – congratulated outgoing Mayor Gary Taylor and reorganization for Mayor and Mayor Pro Tem seats. William Su – representative of the Indo Chinese American Political for Council Member Polly Low as Mayor Pro Tem. Long Nguyen – representative of the Vietnamese Refugee Comm Member Polly Low for her re-election and newly elected Council Me 8. CITY COUNCIL Gary Taylor and 7MF7=— M0e[�Z@ Mi llIAC�ii MZ concern with the rotation of expressed his support f Los Angeles congratulated Council William Alarcon. This is the time for the Council to reorganize by appointing a Mayor and Mayor Pro Tem, respectively for lerk Presiding City Clerk Molleda.asked if there were any nominations for the next Mayor of the City of Rosemead. Council Member Low asked staff if there was a policy when selecting a Mayor or Mayor Pro Tem. City Manager Allred replied that the City did not currently have a policy for selecting a Mayor or Mayor Pro Tem. He added that there has been some tradition of rotation, but that had not always been the case. Council Member Low commented that the Mayor Pro Tem usually goes into the position of the Mayor. City Manager Allred replied that most often they do; however that has not always been the case, some city councils have not elected to rotate and reappointed people to the Mayor and Mayor Pro Tem positions. Rosemead City Council and Community Development Commission Joint Meeting Minutes of March 22, 2011 Page 6 of 20 Council Member Low stated that she liked traditional rotations in which the current Mayor Pro Tem would then be the Mayor and nominated current Mayor Pro Tem Steven Ly for the seat. Council Member Polly Low made a motion, seconded by Council Member William Alarcon, to appoint Steven Ly as Mayor of the City of Rosemead. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None B. Appointment of Mayor Pro Tem — Newly Council MemberArmenta commented that the City Council h voting a certain way; she added that they are a united and coli 1994 till 2006 council rotated and they each had their turns as l she and Mayor Ly attended a newly elected council member's members who are now serving as Mayors or Mayor Pro Terns'. tradition in rotating and unfortunately when Council Member Lc voted again for Mayor and interrupted the chain of the rotation. ver chastised Council Member Low for Council. Ms. Armenta stated that from and Mavor Pro Tem. She added that net other newly council ve cities. There has been a around, the same person was Council Member Low clarified that Council is working together to figure out the rotation and reiterated Council Member Armenta's comments on the past Council rotation of 1994 through 2006, which former Mayor Taylor was not part of. Mr. Gary Taylor - replied he chose not to participate in the rotation at that time. Council Member Low— reiterated that the City did not have a rotating policy rather a rotating courtesy. She clarified that in 2005 the Mayor was Mr. Imperial, in 2006 Mr. Taylor, 2007 and 2008 was Mr. Tran, which was what Council Member Armenta was referring to. Mrs. Low also stated that she should have been Mayor in 2009 according to the rotation courtesy, and was looked over again in 2010 for Mayor Pro Tem. She expressed that she has worked really hard for the community and felt it was unfair to be passed three times. Council MemberArmenta asked Council Member Low when she was elected into office. Council Member Low'reNied she was elected into office in 2007. Mayor Ly asked for nominations for Mayor Pro Tem. Council Member Low nominated herself for Mayor Pro Tem. Council Member Clark nominated Council Member Armenta for Mayor Pro Tem, Rosemead City Council and Community Development Commission Joint Meeting Minutes of March 22, 2011 Page 7 of 20 Council Member Armenta explained that Council Member Low got elected in 2007 and during that time Council Member Nunez was Mayor Pro Tem and should have been Mayor but did not take the title. Council Member Tran took the Mayorship instead and Council Member Low was passed by the council majority then. Mr. Taylor — explained that he had not been mayor for the first 12 years because he chose not to take the position since other council members were more available. Council Member Low replied that she was passed over and accepted Mr. Taylor's opinion on how she performed. Mr. Taylor — stated that past Council Member Low for the Mayor Pro Tem seat because he felt she needed to be trustworthy and responsible to the people of the city and employees of the city. Todd Kunioka — thanked Gary Taylor for his service to the city. He reiterated that the Mayor's position is an honorary position and it should not be controversial and Council Member Low has never been Mayor or Mayor Pro Tem and should have a turn. Mr. Kunioka asked that the new council work together. Oscar Cazares — stated he approached Council Member Low was concerned that she had not had a turn at either title. Council Member Clark — replied she nominate, Mrs. Low should had been in the rotation when Tem three times and Mrs. Low had been a third trding being Mayor or Mayor Pro Tem and Low for Mayor Pro Tem last year; however rr twice and Mr. Nunez was Mayor Pro Council MemberArmenta - reiterated that Tom Chavez and Vincent Yu from Temple City were elected the same year and they also follow a rotation and are now Mayor and Mayor Pro Tem at their respective cities. She added that in the City of Walnut, Nancy Tragarz, a newly elected council member is Mayor Pro Tem. Ms Armenta stated that if you choose not to go into that rotation, you lose your turn to be Mayor or Mayor Pro Tem. Council Member Margaret Clark made asmotion, seconded by Council Member William Alarcon, to appoint Sandra Armenta as Mayor Pro Tem of the City of Rosemead. Vote resulted in: Yes: Alarcon, Armenta, Clark, Ly No: Low Abstain: None -,= Absent. None Council Member Low asked staff to look into a rotation policy for the City of Rosemead. City Manager Allred stated that he was unaware of other cities having written rotation policies. Staff would bring back what is prevalent in other cities and consider some rules of City Council norms that would not be binding but establish some guidelines. C. Presentations and Comments - None Rosemead City Council and Community Development Commission Joint Meeting Minutes of March 22, 2011 Page 8 of 20 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 the following actions: 1. Hold the noticed public hearing, receive 2. Move and adopt the propo the project; Ordinance No. the Notice of Exemption for 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 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 Assistant Planner Trinh reviewed the staff report. Mayor Ly opened the public hearing at 8 :23 p.m. Juan Nunez — expressed support to prohibit medical marijuana dispensaries in the city. R. Alejandro Gandara — expressed concern that there are people who do need medical marijuana and felt that council should obtain more information and suggested the City survey other cities on the issue. Rosemead City Council and Community Development Commission Joint Meeting Minutes of March 22, 2011 Page 9 of 20 Mayor Ly closed the public hearing at 8:26 p.m. Council Member Margaret Clark made a motion, seconded by Council Member Polly Low, to adopt Urgency Ordinance No. 911 and file a Notice of Exemption. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None Mayor Pro Tern Armenta stated the staff report contained information in regards to other cities that allow marijuana dispensaries and the types of crimes that are in those cities; the staff report is also available on the city's website. Council Member William Alarcon made a motion, s introduce for first reading Ordinance No. 910. Vote by Mayor Pro Tern in: to Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None B. The Adoption of Urgency Ord! Amending Chapter 5.24 of the Ordinance No. 913 Pertaining to the Regulation of Massage Establishments and The proposed, ordinances would amend Chapter 5.24 of the Rosemead Municipal Code to update the City's massage regulations to 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. Council take the following actions: Hold the noticed public hearing, receive public comment; 2. Move to adopt the proposed Urgency Ordinance and file the Notice of Exemption; 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 Rosemead City Council and Community Development Commission Joint Meeting Minutes of March 22, 2011 Page 10 of 20 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 Economic Development Manager Ramirez reviewed the staff report. Mayor Ly opened the public hearing and 8:31 p.m. and there being no was closed at 8:31 p.m. Mayor Pro Tern Sandra Armenta made a motion, Urgency Ordinance No. 912 and file a Notice of I Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None _ Mayor Pro Tern Sandra Armenta made a me introduce for first reading of Ordinance No. Yes: Alarcon, Armenta, Clark, No: None Absent: Vote resulted in: the public hearing Low, to adopt Polly Low, to 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 Ordinance 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. Rosemead City Council and Community Development Commission Joint Meeting Minutes of March 22, 2011 Page 11 of 20 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 MUNICIPA CODE AMENDMENT 10.04, AMENDING CHAPTER 5.08 AND ADDING NEW CHAPTER 5.10 TO THE ROSEMEAD MUNICIPAL CODE PERTAINING TO THE ADULT BUSINESSES AND ADULT BUSH 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 4. Move to introduce for first readino Ordinance No` 903, entitled: 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 FOR ADULT BUSINESSES Senior Planner Garry reviewed the staff report. Mayor Ly opened the public hearing and 8:39 p.m..and there being no public comments, the public hearing was closed at 8:40 p.m. Council Member William Alarcon made a motion, seconded by Mayor Pro Tern Sandra Armenta, to adopt Urgency Ordinance No. 914 and file a Notice of Exemption. Vote resulted in: Rosemead City Council and Community Development Commission Joint Meeting Minutes of March 22, 2011 Page 12 of 20 Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None Mayor Pro Tern Sandra Armenta made a motion, seconded by Council Member Polly Low, to adopt Resolution No. 2011 -11. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None Mayor Pro Tern Sandra Armenta made a motion, sE introduce for first reading Ordinance No. 903. Vote Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None Mr. Gandara - asked if the ordinance would City Attorney Richman cle 10. CITY COUNCIL CO A. Claims a in: Alarcon, to be hired for private social events. ie ordinance was for adult establishments in businesses. �LENDAR ds 2011 -13 to approve Resolution No. 2011 —13, entitled: OF THE CITY COUNCIL OF THE CITY OF B. City EMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS -IE SUM OF $1,463,093.44 NUMBERED 101178 THROUGH 77 AND 72973 THROUGH 73113 INCLUSIVELY Association of California 2011 Annual Conference — April 27th — Y9m 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, Rosemead City Council and Community Development Commission Joint Meeting Minutes of March 22, 2011 Page 13 of 20 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 Citywide 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). On February 8, 2011, following a public advertisemenVbid 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 Resurfacina Proiect. Phase 2 - Award of Contract As part of the City's Fiscal Year 2010 -11 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. Council take the following actions: 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 Rosemead City Council and Community Development Commission Joint Meeting Minutes of March 22, 2011 Page 14 of 20 As part of the City's Fiscal Year 2010 -11 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. Recommendation: That the City Council take the 1. Approve plans and specifications for this 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 Ciao 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, Mayor Pro Tern Sandra Armenta'made a motion, seconded by Council Member Polly Low, to approve City Council Consent Calendar. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None Rosemead City Council and Community Development Commission Joint Meeting Minutes of March 22, 2011 Page 15 of 20 11. MATTERS FROM CITY MANAGERIEXECUTIVE 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 $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 fora 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 1. 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, Rosemead City Council and Community Development Commission Joint Meeting Minutes of March 22, 2011 Page 16 of 20 Conditions and Restrictions. The loan would not be due payable until the sale of the home, transfer of ownership or year 55. Council Member Low recused herself from the meeting. Economic Development Manager Ramirez reviewed the staff report. Tom Morgan — of Rio Hondo Community Development Corporation explained about the program and added that a previous property which was purchased for low income housing in Rosemead has been successfully maintained and rented. Jean DeCocker — expressed concern with the property being considered for purchase; she stated that in the past there had been Section 8 homes that had not been maintained. She inquired about the purchase price of the home and felt the City may be paying over the asking price, Mrs'. DeCocker asked who will be in charge of the maintenance and repairs of the home and asked what the recourses were if the tenants were undesirable. Economic Development Manager Ramirez explained that Section 8 housing requires a much lower income and the tenants cannot pay more than the 40 percent of their annual income. She clarified that Section 8 is regulated by the County and not by the City. In this case the City will regulate the property along with the Rio Hondo Community Development Corporation. Mr. Morgan - clarified that the property will not be sold, it will be rented and the Rio Hondo Community Development Corporation will be responsible for the maintenance. Economic Development Manager Ramirez added that the Rio Hondo Community Development Corporation have on site managers that go and inspect the properties on a °weekly basis. of the property and added that it was a concern to have a Clark asked how much the neighboring properties sold for. that they sold much lower than what the City paid for the property. Mayor Pro Tem Armenta asked if there was additional appraisal information because she felt the purchase price of the property of $428,400 was high. Economic Development Manager Ramirez replied that the appraisal documents had information of surrounding areas which were conducted within the last month. Council Member Clark asked to postpone the property acquisition item. Economic Development Manager Ramirez replied there was no time to postpone the item. Rosemead City Council and Community Development Commission Joint Meeting Minutes of March 22, 2011 Page 17 of 20 Assistant City Manager Hawkesworth stated that according to property tax documents the neighboring house was sold for $440,000. Council Member Clark stated she would like more time to review the documents and obtain more information. She stated she was not aware of the project until recently and also would like to address any additional concerns from residents. Economic Development Manager Ramirez stated the City takes pride in insuring its reputation and is required to follow Federal Government regulations that are acceptable to the community. Mrs. Ramirez assured Mrs. DeCocker she may contact CHDO or the City to address any issues. Mayor Pro Tem Armenta asked staff to offer the Landis View residents information to assure them that the integrity of the City funding the house will be upheld. Mayor Ly suggested that an open house presentation for the program. be held to obtain about Council Member William Alarcon made a motion, secor the acquisition of 8628 Landis View Lane for affordable Grant Regulations. Vote resulted in: Yes: Alarcon, Armenta, Ly No: None Abstain: Clark Absent: None 12. MATTERS Pro Tern Steven Ly, to approve mpliance with Federal Home 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. Recommendation: That the City Council provide direction regarding relocating the April 12, 2011 CDC and City Council joint meeting to the Garvey Community Center. Mayor Pro Tern Sandra Armenta made a motion, seconded by Mayor Pro Tern Steven Ly, to relocate the April 12, 2011 CDC and City Council joint meeting to the Garvey Community Center. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Rosemead City Council and Community Development Commission Joint Meeting Minutes of March 22, 2011 Page 18 of 20 Abstain: None Absent: None 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 committee. Council Member low asked how prepared the City was for a big be formed to address those issues. Mayor Pro Tem Armenta nominated Council Member Committee. Council Member Clark expressed interest to be part of the held before the City Council and have briefings first. Council Member Low commented that the Mayor Ly asked for a motion and a vote to Committee. Council Member Clark made a substitute motion to forming a committee. in the Emergency involved in of an ad hoc a committee could asked that workshops be the Emergency Preparedness and focus on specific needs before Council Member Margaret Clark made a motion, seconded by Mayor Pro Tern Sandra Armenta, to hold workshops on emeraenev preparedness first: Vote resulted in: Yes: Alarcon, No: Low, Ly Abstain: None Absent: None Council Member Low congratulated staff for receiving a letter grade 'A' from the San Gabriel Valley Tribune Newspaper on the city's website for being transparent with public information. Also, she asked staff to look into the City Council and Redevelopment compensation benefits and salaries, survey neighboring cities salaries, and asked for copies of minutes when current council salaries were established. City Manager Allred clarified that life time benefits had to be earned by serving 12 years on the Council and it's not offered automatic to all Council Rosemead City Council and Community Development Commission Joint Meeting Minutes of March 22, 2011 Page 19 of 20 Council Member Low also directed staff to look into the staff car and phone allowance as well as a rotation policy. Mayor Ly suggested a survey be made on surrounding cities regarding their benefit packages and salaries. Mayor Pro Tem Armenta agreed with Council Member Low regarding gathering information on staff's car allowance benefit. Council Member Clark asked for the record to show that Council Member Low received 50 percent of the actual votes cast during the election and not 70 percent. Council Member Alarcon stated that he received a tour of the aquatics sites and construction was progressing really nice. Council Member Low congratulated Mayor Ly, Mayor Pro Tem Armenta and newly elected Council Member Alarcon. 13. ADJOURNMENT The meeting adjourned in memory of the vic foyer to "Meet and Greet' the newly constitu Development Commission and City Council and 7:00 p.m., respectively. Tsunami in Japan uncil at 9:25 p.m. scheduled to take to a reception in the City Hall Text regular joint Community a on April 12, 2011 at 6:00 p.m. Steven Rosemead City Council and Community Development Commission Joint Meeting Minutes of March 22, 2011 Page 20 of 20