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CC - Minutes - 09-28-21MINUTES OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION REGULAR JOINT MEETING SEPTEMBER 28, 2021 The regular meeting of the Rosemead City Council was called to order by Mayor Low at 7:00 p.m., in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PRESENT: Mayor Low, Mayor Pro Tem Dang, Council Members Clark and Ly ABSENT: Council Member Armenta PLEDGE OF ALLEGIANCE was led by Council Member Ly INVOCATION was led by Council Member Clark STAFF PRESENT: City Manager Molleda, Assistant City Manager Kim, City Attorney Richman, Chief of Police Lt. Duong, Director of Parks and Recreation Boecking, and City Clerk Hernandez 1. PUBLIC COMMENT Mayor Low opened the Public Comment period. Speaker Sue Yamamoto, Rosemead Library Manager submitted a public comment via email announcing that past, present and future fines for overdue books and materials will be eliminated. She also announced two events inviting the public to the Bookmark Contest on October 30, and the Smarty Pants Storytime on October 7. There being no further speakers, Mayor Low closed the Public Comment period. 2. PRESENTATIONS A. Proclamation Declaring September 28, 2021, as "National Voter Registration Day" in the City of Rosemead The Rosemead City Council presented the National Voter Registration Day Proclamation to City Clerk Hernandez. 3. PUBLIC HEARING Rosemead City Council and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of September 28, 2021 Page 1 of 8 A. Public Hearing on Consideration to Approve a Substantial Amendment to the FY 2021-22 Annual Action Plan The proposed Substantial Amendment to the FY 2021-2022 Action Plan establishes two new CDBG and HOME programs that increase homeownership opportunities by subsidizing home prices to affordable levels for eligible participants. In accordance with the HUD 24 CFR Part 91.505, and Rosemead's Citizen Participation Plan, a Substantial Amendment is required to carry out an activity not previously described in the Action Plan. In this case, a Substantial Amendment is required to identify the following activities in the FY 21-22 Action Plan: (1): establish a Homeownership Assistance Program HOME activity; and (2) establish a Homeownership Assistance Program CDBG program activity. Recommendation: That the City Council take the following actions: 1. Conduct a public hearing and receive public testimony; and 2. Approve a Substantial Amendment to the FY 2021-22 Annual Action Plan. Assistant City Manager Kim reported the City received approximately $750,000 of CDBG funds and about $337,000 in HOME funds. In the adopted Annual Action Plan, about $710,000 of CDBG funds, and about $1.29 million were programed for the land acquisition for affordable housing. Staff is requesting to shift that money to a different program called Home Ownership Assistance Program or GAP Finance program to assist low moderate income families to help in purchasing homes in Rosemead. Mayor Low opened the Public Hearing. There being no comments, Mayor Low closed the Public Hearing. ACTION: Moved by Council Member Ly and seconded by Mayor Pro Tem Dang to approve a substantial amendment to the FY 2021-22 Annual Action Plan. The motion was carried out by the following roll call vote AYES: Clark, Dang, Low, Ly NOES: Armenta 4. CONSENT CALENDAR ACTION: Moved by Council Member Ly and seconded by Mayor Pro Dang to approve Consent Calendar Items A through F. The motion was carried out by the following roll call vote AYES: Clark, Dang, Low, Ly NOES: Armenta A. Claims and Demands Rosemead City Council and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of September 28, 2021 Page 2 of 8 • Resolution No. 2021-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,232,608.72 CHECKS NUMBERED 109728 THROUGH NUMBER 109800, DRAFTS NUMBERED 5264 THROUGH NUMBER 5275, AND EFT NUMBERED 50726 THROUGH NUMBER 50736 INCLUSIVELY Recommendation: Adopt Resolution No. 2021-42. • Resolution No. 2021-12 SA A RESOLUTION OF THE CITY OF ROSEMEAD AS THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,430.00 NUMBERED 10319 INCLUSIVELY Recommendation: Adopt Resolution No. 2021-12 SA. B. Approval of Minutes Recommendation: That the City Council approve the special meeting minutes of September 8, 2021. C. Second Reading and Adoption of Ordinance No. 999 for General Plan Amendment 19-02, Zone Change 19-02, Tentative Tract Map 82870, Design Review 19-08, and Conditional Use Permit 20-08 - 3001 Walnut Grove Avenue and 8589 Garvey Avenue At the July 13, 2021, meeting, the City Council conducted a public hearing for the Taiwan Center mixed-use development, which consists of 42 residential condominium units and 18,646 square feet of commercial. The project site is located at 3001 Walnut Grove Avenue and 8589 Garvey Avenue. After hearing all public testimonies, the City Council introduced Ordinance No. 999 for first reading and approved General Plan Amendment 19-02, Zone Change 19-02, Conditional Use Permit 20-08, Design Review 19-08, Tentative Tract Map 82870, and the density bonus application. Recommendation: That the City Council approve the second reading and adopt Ordinance No. 999 by title only, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, Rosemead City Council and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of September 28, 2021 Page 3 of 8 STATE OF CALIFORNIA, FOR THE APPROVAL OF ZONE CHANGE 19-02, AMENDING THE ZONING MAP OF THE SUBJECT SITE TO INCLUDE RESIDENTIAL/COMMERCIAL MIXED-USE DEVELOPMENT AND DESIGN OVERLAYS (RC- MUDO/D-O) TO THE EXISTING MEDIUM COMMERCIAL (C-3) ZONE FOR THE CONSTRUCTION OF A MIXED-USE PROJECT CONSISTING OF 12 COMMERCIAL CONDOMINIUM UNITS TOTALING 18,646 SQUARE FEET AND 42 RESIDENTIAL CONDOMINIUM UNITS (SEVEN OUT OF THE 42 UNITS WILL BE LOWER-INCOME). THE SUBJECT SITE IS LOCATED AT 3001 WALNUT GROVE AVENUE AND 8589 GARVEY AVENUE (APNS: 5288-001-040, 041, 042, AND 043) D. Second Reading and Adoption of Ordinance No. 1000 on Municipal Code Amendment 21-02 At the July 27, 2021, meeting, the City Council conducted a public hearing and introduced for first reading Ordinance No. 1000, which amends Title 17 ("Zoning") of the Rosemead Municipal Code by defining and establishing specific standards for live/work units in the residential/commercial mixed-use overlay zones. A live/work unit provides opportunities to integrate live and work in one space that is designed to combine residential occupancy and commercial activity such as artist studios, professional offices, software/media offices, or small-scale retail sales of art and crafts. In addition, MCA 21-02 would modify the approval requirement for outdoor dining area in the residential/commercial mixed-use development overlay zones from a Conditional Use Permit to an Administrative Use Permit. Recommendation: That the City Council approve the second reading and adopt Ordinance No. 1000 by title only, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, FOR THE APPROVAL OF MCA 21-02, AMENDING TITLE 17 (ZONING) OF THE ROSEMEAD MUNICIPAL CODE BY ADDING DEFINITIONS TO SECTION 17.04.050 DEFINITIONS - GENERAL OF CHAPTER 17.04, ADDING LIVE/WORK AS A PERMITTED USE IN ALL MIXED-USE LAND USE DESIGNATIONS IN THE CITY, ADDING LIVE/WORK AS A PERMITTED USE TO SECTION 17.28.030.C.1 PERMITTED USES, ADDING SECTION 17.30.210 LIVE/WORK TO CHAPTER 17.30 STANDARDS FOR SPECIFIC LAND USES WHICH Rosemead City Council and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of September 28, 2021 Page 4 of 8 ESTABLISHES DEVELOPMENT STANDARDS FOR LIVE/WORK UNITS, AND MODIFYING THE APPROVAL REQUIREMENT FOR OUTDOOR DINING IN THE RESIDENTIAL/COMMERCIAL MIXED-USE DEVELOPMENT OVERLAY ZONES FROM A CONDITIONAL USE PERMIT TO AN ADMINISTRATIVE USE PERMIT E. Second Reading and Adoption of Ordinance No. 1001 for Municipal Code Amendment 19-02, General Plan Amendment 19-03, and Zone Change 19-03 Freeway Corridor Mixed -Use Overlay At the September 7, 2021, meeting, the City Council conducted a public hearing on the Freeway Corridor Mixed -Use (FCMU) Overlay. After hearing all public testimonies, the City Council introduced for first reading Ordinance No. 1001, amending various sections of Title 17 and the Official Zoning Map. The FCMU Overlay encompasses six geographic areas within the City of Rosemead. The areas total approximately 60 acres (186 parcels) and were selected based on proximity to the Interstate 10 (I-10) Freeway, location along primary City corridors, and adjacency to public transit lines. FCMU Overlay areas are located along Del Mar Avenue, San Gabriel Boulevard, Walnut Grove Avenue, Valley Boulevard, Temple City Boulevard, and Rosemead Boulevard. Recommendation: That the City Council approve the second reading and adopt Ordinance No. 1001 by title only, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING ZONE CHANGE 19-03 AMENDING THE OFFICIAL ZONING MAP AND APPROVING MUNICIPAL CODE AMENDMENT 19-02 AMENDING VARIOUS SECTIONS OF TITLE 17, FOR THE FREEWAY CORRIDOR MIXED-USE OVERLAY F. Introduction and Adoption of Ordinance No. 1003 — Amending Municipal Code Section 1.12.010, Moving the Date of the City's General Municipal Election Date from March of Even -Numbered Years to the Date of the Statewide Primary Election in Even -Numbered Years Pursuant to Senate Bill 970 Beginning in 2022 On September 7, 2021, the City Council received a report regarding Senate Bill (SB) 970, which changed the date of the statewide primary election to June, in even -numbered, non -presidential primary years, while keeping the March date, in even -numbered, presidential primary election years. In addition, SB 590, enacted in July 2021, addresses local official term inconsistency in SB 970. SB 590 extends any terms of office set to expire in March of 2022, where the next scheduled regular election for the office has been consolidated with the 2022 statewide primary Rosemead City Council and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of September 28, 2021 Page 5 of 8 election, until the certification of election results from the June 2022, statewide primary election. The City Council directed staff to draft an ordinance for first reading to change the City's general election of March of even -numbered years to the date of the statewide primary election in even -numbered years pursuant to SB 970 beginning in 2022 and adjusting the terms of offices accordingly to comply with state law. Recommendation: That the City Council approve the second reading and adopt Ordinance No. 1003 by title only, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING MUNICIPAL CODE SECTION 1.12.010, CHANGING THE DATE OF THE CITY'S GENERAL MUNICIPAL ELECTION FROM THE FIRST TUESDAY AFTER THE FIRST MONDAY IN MARCH OF EACH EVEN - NUMBERED YEARS TO THE DATE OF THE STATEWIDE PRIMARY ELECTION IN EVEN - NUMBERED YEARS IN RESPONSE TO SENATE BILL 970, AND ADJUSTING THE TERMS OF OFFICE ACCORDINGLY City Attorney Richman read the title of first reading of Ordinance No. 1003 for the record. 5. MATTERS FROM CITY MANAGER & STAFF A. COVID-19 Update This is a recurring item that will be on the agenda to update the City Council on items related to COVID-19. Recommendation: That the City Council discuss and provide further direction. This item was tabled to the next City Council meeting. 6. MATTERS FROM MAYOR & CITY COUNCIL A. Active Duty Military Leave for Council Member Ly Discussion and Temporary Appointment Council Member Steven Ly has been ordered by the United States Army Reserve to report to active duty effective October 2, 2021. Just as with prior extended leave of absences in December 2013, July 2014, and 2015, Council Member Ly's absence Rosemead City Council and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of September 28, 2021 Page 6 of 8 ,I ,I requires the City Council to accept Council Member Ly's order to active duty and determine that his seat is not "vacant" during the period of his active military j service, pursuant to California Military and Veterans Code § 395.8. This item has been placed on the agenda to provide the City Council the opportunity to discuss and provide direction. Recommendation: That the City Council take the following actions: 1. Accept Council Member Ly's military leave and declare his seat not "vacant" during the period of his active military service pursuant to California Military and Veterans Code § 395.8; and 2. Accept Council Member Ly's recommendation and appoint John Tang to serve on the City Council during his absence during active duty military service; or 3. Provide further direction. City Manager Molleda reported Council Member Ly has been ordered to active military service and the Council is asked to declare his seat not vacant under a military and veteran code. In addition, Council Member Ly was recommending a temporary appointment for the Council to consider. Council Member Ly stated he would be out on military service for about ten months, therefore recommending a temporary appointment while he is gone. Furthermore, he explained that his seat does coincide with an election and since the leave exceeds the election date, the Council can make another determination to appoint a temporary Council Member again, should he win his reelection and clarified he would be able to do his oath of office virtually. Lastly, recommended Rosemead resident and Planning Commission John Tang to be considered for the temporary appointment to the City Council. Mayor Low thanked Council Member Ly for his commitment to serve his country and the community. She expressed support on Mr. Ly's recommendation to temporarily appoint John Tang to the City Council. Council Member Clark agreed with Mayor Low and express support of the temporary appointment of John Tang. City Attorney Richman stated the affective date will be after November 1St, since Council Member Ly is still available to serve on the Council and participate at the October meetings. ACTION: Moved by Mayor Low and seconded by Council Member Clark to accept Council Member Ly's military leave and declare his seat not "vacant" during the period of his active military service pursuant to California Military and Veterans Code § 395.8; and appoint John Tang to serve on the City Council during Rosemead City Council and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of September 28, 2021 Page 7 of 8 Council Member Ly's absence during active military service. The motion was carried out by the following roll call vote AYES: Clark, Dang, Low, Ly NOES: Armenta B. Council Comments Mayor Pro Tem Dang expressed support of Council Member Ly's recommendation to temporary appointment of John Tang and thanked him for his military service. Council Member Ly thanked the Council for their support while he serves on the military. 7. ADJOURNMENT Mayor Low adjourned the meeting at 7:17 p.m. A special meeting of the Rosemead City Council will take place on Wednesday, September 29, 2021, at 5:30 p.m. in the Rosemead City Hall Council Chamber. Ericka Hernandez, City Clerk APPROVED Polly Lo , Ma or Rosemead City Council and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of September 28, 2021 Page 8 of 8