CC - Minutes - 03-22-11Minutes of the
Community Development Commission
and
City Council
Regular Meeting
March 22, 2011
The regular meeting of the Rosemead Community Development Commission and City Council was called to
order by Mayor Taylor at 6:05 p.m. in the Rosemead City Council Chamber located at 8838 East Valley
Boulevard, Rosemead, California.
FLAG SALUTE: Commissioner /Council Member Armenta
INVOCATION: Commissioner /Council Member Clark
PRESENT: Chair/ Mayor Taylor, Vice - Chair/ Mayor Pro Tern Ly, Commissioner/ Council Members Armenta,
Clark and 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
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 Tem Steven Ly made a motion, seconded by Commissioner /Council Member
Sandra Armenta, to approve ordinance by title only. Vote resulted in:
Yes: Armenta, Clark, Low, Ly, Taylor
No: None
Abstain: None
Absent: None
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 raise money for the September
11 Memorial, staff raise about $2, 500 in raffle tickets to giveaway over 40 prizes; he announced the top five
winners.
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.
• 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.
Vice - Chair /Mayor Pro Tern Steven Ly made a motion, seconded by Commissioner /Council 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 Tern Ly
PRESENT: Mayor Taylor, Mayor Pro Tem Ly, Council Members Armenta, Clark and 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 for his years of service, successfully serving in the
best interest of the Rosemead citizens and has been an upright and honest man. Ms. Shinen added that Mr.
Taylor has stood against corruption and spoke out against depravity; holding those accountable and calling
for financial investigations of former City Attorney Garcia, Councilmen's Nunez sexual harassment cover -up,
the Glendon Hotel, and a questionable development attempt. She continued by expressing concerns with
past issues involving Wal -Mart, annexation attempts of South San Gabriel, hiring of City Attorney, and an
attempt to make Rosemead a Charter City. Ms. Shinen reiterated that the council majority at that time had no
objection when pertinent facts were withheld from the Council by the City Attorney.
Niko Rudela - representing Don Bosco Tech Youth Ministry, stated that his group has been helping the
community and people that do not have much. He continued by stating that his group wants to help end child
hunger and raise awareness in the community. Mr. Rudela suggested running a fair at Rosemead Park called
TECH, Teenagers Ending Child Hunger and asked Council permission to use Rosemead Park as an outlet to
let the community know about the rising epidemic of child hunger.
Mayor Taylordirected Mr. Rudela to contact Director of Parks and Recreation Montgomery-Scott for the
preliminary process for use of a city facility.
R. Alejandro Gandara — Congratulated candidate elect William Alarcon and questioned Ms. Shinen's
comments.
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 Armenta 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 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
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 Cheng - 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 congratulated outgoing Mayor Gary Taylor and
Council Member William Alarcon and Council Member Polly Low.
Brian Lewin — congratulated newly elected Council Member William Alarcon and re- elected Council Member
Polly Low.
Ted Saulino — congratulated outgoing Mayor Gary Taylor and expressed concern with the rotation of
reorganization for Mayor and Mayor Pro Tem seats.
William Su — representative of the Indo Chinese American Political Action Committee expressed his support
for Council Member Polly Low as Mayor Pro Tem.
Long Nguyen — representative of the Vietnamese Refugee Community of Los Angeles congratulated Council
Member Polly Low for her re- election and newly elected Council Member William Alarcon.
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
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 appointed Mayor Presiding
Council MemberArmenta commented that the City Council has never chastised Council Member Low for
voting a certain way; she added that they are a united and cohesive Council. Ms. Armenta stated that from
1994 till 2006 council rotated and they each had their turns as Mayor and Mayor Pro Tem. She added that
she and Mayor Ly attended a newly elected council member's academy and met other newly council
members who are now serving as Mayors or Mayor Pro Terns in their respective cities. There has been a
tradition in rotating and unfortunately when Council Member Low's turn came around, the same person was
voted again for Mayor and interrupted the chain of the rotation.
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 replied 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 Armenia 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 regarding being Mayor or Mayor Pro Tem and
was concerned that she had not had a turn at either title.
Council Member Clark— replied she nominated Council Member Low for Mayor Pro Tem last year; however
Mrs. Low should had been in the rotation when Mr. Tran was Mayor twice and Mr. Nunez was Mayor Pro
Tem three times and Mrs. Low had been a third vote in support of that.
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.
Armenia 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 a motion, 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 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
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
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 Tem 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, seconded by Mayor Pro Tem Sandra Armenta, to
introduce for first reading Ordinance No. 910. Vote resulted in:
Yes: Alarcon, Armenta, Clark, Low, Ly
No: None
Abstain: None
Absent: None
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 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.
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 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 public comments, the public hearing
was closed at 8:31 p.m.
Mayor Pro Tern Sandra Armenta made a motion, seconded by Council Member Polly Low, to adopt
Urgency Ordinance No. 912 and file a Notice of Exemption. Vote resulted in:
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
introduce for first reading of Ordinance No. 913. Vote resulted in:
Yes: Alarcon, Armenta, Clark, Low, Ly
No: None
Abstain: None
Absent: None
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 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 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
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
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, seconded by Council Member William Alarcon, to
introduce for first reading Ordinance No. 903. Vote resulted in:
Yes: Alarcon, Armenta, Clark, Low, Ly
No: None
Abstain: None
Absent: None
Mr. Gandara - asked if the ordinance would affect adult dancers to be hired for private social events.
City Attorney Richman clarified that the ordinance was for adult establishments in 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 — Y9th
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 ReplacementlEnergy 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 advertisementlbid 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 -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.
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
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 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.
F. 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.
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 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,
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.
Ray Hughes — expressed concern regarding the acquisition of the property and added that it was a concern
to have a Section 8 house in the neighborhood.
Council Member Clark asked how much the neighboring properties sold for
Mrs. DeCocker - stated that they sold much lower than what the City paid for the property.
Mayor Pro Tom Armenia 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 residents be held to obtain more information about
the program.
Council Member William Alarcon made a motion, seconded by Mayor Pro Tem Steven Ly, to approve
the acquisition of 8628 Landis View Lane for affordable housing in compliance with Federal Home
Grant Regulations. Vote resulted in:
Yes: Alarcon, Armenta, Ly
No: None
Abstain: Clark
Absent: None
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.
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 Tem Sandra Armenta made a motion, seconded by Mayor Pro Tem 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 on the formation of an ad hoc
committee.
Council Member Low asked how prepared the City was for a big earthquake and stated a committee could
be formed to address those issues.
Mayor Pro Tem Armenta nominated Council Member Low to be in the Emergency Preparedness
Committee.
Council Member Clark expressed interest to be part of the committee; however asked that workshops be
held before the City Council and have briefings first.
Council Member Low commented that the Mayor should be involved in the committee.
Mayor Ly asked for a motion and a vote to nominate Council Member Low to the Emergency Preparedness
Committee.
Council Member Clark made a substitute motion to hold workshops and focus on specific needs before
forming a committee.
Council Member Margaret Clark made a motion, seconded by Mayor Pro Tern Sandra Armenta, to hold
workshops on emergency preparedness first: Vote resulted in:
Yes: Alarcon, Armenta, Clark
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 staffs 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 victims of the Tsunami in Japan and to a reception in the City Hall
foyer to "Meet and Greet" the newly constituted City Council at 9:25 p.m. 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.
S A i;;;;7��
Mayor
ATTEST:
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Gloria Molleda, City Clerk
Rosemead City Council and Community Development Commission Joint Meeting
Minutes of March 22, 2011
Page 20 of 20
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk for the Rosemead City, do hereby certify that the minutes from
March 22, 2011, were duly and regularly approved and adopted by the Rosemead City Council on
the 11th of October 2011, by the following vote to wit:
Yes: Alarcon, Armenta, Clark, Low, Ly,
No: None
Abstain:None
Absent: None
.-Snl c 1 M!LCJ-q1
Gloria Molleda
City Clerk