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CC - Item 2A - Public Hearing on the Expenditure if Commission Funds for the FY 2009-10 Capital Improvement Plan Pursuant to Heath & Safety Code Sections 33445 and 33679ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CHAIRMAN AND MEMBERS OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION FROM: JEFF ALLRED, CITY MANAGER/EXECUTIVE DIRECTOR 10 DATE: OCTOBER 13, 2009 v SUBJECT: PUBLIC HEARING ON THE EXPENDITURE OF COMMISSION FUNDS FOR THE FY 2009-10 CAPITAL IMPROVEMENT PLAN PURSUANT TO HEALTH & SAFETY CODE SECTIONS 33445 AND 33679 SUMMARY Redevelopment Law (Health and Safety Code Section 33445) requires that, if redevelopment funds are to be used to pay for improvements which will be publicly owned, both within and outside of the project area, the City Council and the Community Development Commission must make the following findings: a) that the proposed improvements are of benefit to the Project Areas or the immediate neighborhood in which the projects are located; b) that there are no other reasonable means of financing for the proposed projects available to the community; c) that the projects will assist in the elimination of blighting conditions in the Project Areas and are consistent with the adopted 5-year Implementation Plan. There are two projects that require the use of Commission funds. 1. Ramona Blvd. (north) Beautification Project This project was approved and budgeted as part of the FY 2009-10 Capital Improvement Budget. The targeted project area is a 3/<-mile section of sound wall along Ramona Boulevard directly north of the 10 Freeway between Rio Hondo and Hart avenues. The project is a complete landscape makeover of the sound wall area including new irrigation, ground cover, trees, shrubs, flowers, vines and concrete work. This work will eliminate the non-landscaped areas where litter regularly accumulates and act as a deterrent for graffiti. The estimated cost of the project is $100,000. The project construction is expected to start by mid-December 2009 and be completed on January 31, 2010. ffET" NO. APPROVED FOR CITY COUNCIL AGENDA: City Council/Community Development Commission Meeting October 13, 2009 Pape 2 of 4 2. Interstate 10 Freeway Entry Points Project This project was approved and budgeted as part of the FY 2009-10 Capital Improvement Budget. The project will improve and enhance the entry points into the City of Rosemead and the Redevelopment Project Areas from the 10 Freeway (i.e. Rosemead Blvd., Walnut Grove Ave., San Gabriel Blvd., and Del Mar Ave.). The beautification project will include the following: a) Rosemead Blvd. at the 10 Freeway: • Painting of the underpass bridge and installation of City logos • New irrigation and new landscape designs of the east/ west slopes • New improved hardscape designs for pavement islands b) Walnut Grove Ave. at the 10 Freeway: • New irrigation and landscape designs of the east/ west slopes • New improved hardscape designs for pavement islands • Extension of turn pockets for safety enhancement and improvement of the traffic circulation c) San Gabriel Blvd. south of the 10 Freeway: • Painting of the underpass bridge and installation of City logos • New irrigation and new landscape designs of the east/ west slopes • New improved hardscape designs for pavement islands d) Del Mar Ave. south of the 10 Freeway: • Painting of the underpass bridge and installation of City logos • New irrigation and new landscape designs of the east/ west slopes • New improved hardscape designs for pavement islands The project is estimated to cost $250,000. The construction is anticipated to begin by February 2010 and be completed by June 2010. Staff Recommendation Staff recommends the following: 1. That the Community Development Commission adopt Resolution No. 2009-32 (Attachment A) making the appropriate findings under Health and Safety Code Section 33445; and 2. That the City Council adopt Resolution No. 2009-55 (Attachment B) making the appropriate findings under Health and Safety Code Section 33445; and 3. That the City Council consent to the proposed Commission expenditures. City Council/Community Development Commission Meeting October 13, 2009 Pace 3 of 4 ANALYSIS Health and Safety Code Section 33445 Findings As stated above, Health and Safety Code Section 33445 requires that the City Council consent to the Commission expenditures for public improvement projects and that the Commission and Council find that: 1) The use of Commission funds is of benefit to the project areas. The Projects are of benefit to the Redevelopment Project Areas as they will provide aesthetically pleasing entry points into the Project Areas off the 10 Freeway. They will also assist in the growth of existing and new businesses and help to reduce stagnant economic conditions. A description of the Projects and the funding sources are attached to the Resolution proposed with this staff report as Exhibit A. 2) There is no other reasonable means of financing the improvements. At this time, no other reasonable means of financing the Projects are available from the City as the City is using its funds to undertake other projects, services and public improvements throughout the City as reflected in the City's approved FY 2009-10 Operating and Capital Improvement Budgets. 3) Funding the project will assist in the elimination of one or more blighting conditions inside the project areas. The payment of funds for the Projects will assist in the elimination of blighting conditions inside the Redevelopment Project Areas by improving the appearance of critical entry points into the City of Rosemead and Redevelopment Project Areas off the 10 Freeway. 4) Consistency with 5-Year Plan The use of Commission funds for these Projects is consistent with the Commission's 5-year Implementation Plan (2009-2014). FISCAL IMPACT Staff is recommending that the Commission utilize unencumbered tax exempt bond proceeds to fund these projects. There is approximately $6 million available for this purpose. City Council/Community Development Commission Meeting October 13, 2009 Page 4 of 4 PUBLIC NOTICE PROCESS This item has been noticed as required by Health and Safety Code section 33679 and through the regular agenda notification process. Sub i Brian i Community Development Director Attachment A: City Council Resolution No. 2009-55 Attachment B: Community Development Commission Resolution No. 2009-32 RESOLUTION NO. 2009-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD MAKING THE FINDINGS REQUIRED BY SECTION 33445 OF CALIFORNIA REDEVELOPMENT LAW AND DETERMINING THAT THE PROVISION OF PUBLIC IMPROVEMENTS FOR THE IMPROVEMENT OF THE RAMONA (NORTH) SOUNDWALL AND IMPROVEMENTS TO THE ON AND OFF RAMPS AT THE 10 FREEWAY ARE OF BENEFIT TO REDEVELOPMENT PROJECT AREAS NOS. 1 AND 2. WHEREAS, the Rosemead Community Development Commission (the "Commission") is a public body, corporate and politic, duly established and authorized to transact business and exercise powers under and pursuant to the provisions of the Community Redevelopment Law of the State of California, constituting Part 1 of Division 24 of the Health and Safety Code of the State of California (the "Law"), including the power to expend funds for public improvements for the benefit of Redevelopment Project Areas Number 1 and 2 ("Project Areas"); and WHEREAS, the City of Rosemead ("City") is the legislative body for the community in which the Project Areas are located and pursuant to Health & Safety Code section 33445 is required to consent to payments to be made by its Commission for the provision of public improvements; and WHEREAS, the provision of these projects are consistent with the Commission's Five- Year Implementation Plan Goals adopted for 2009-2014; and WHEREAS, there are appropriate facts supporting the findings required by Health & Safety Code Section 33445 for the City Council to consent to the Commission's expenditure of funds to improvement the Ramona (north) sound wall and the on and off ramps at the 10 Freeway "the Project(s)"; and WHEREAS, the Resolution is being considered at properly noticed Public Hearing as required by Health and Safety Code section 33679. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Recitals. The City Council finds and declares that the above recitals are true and correct and incorporates them herein. SECTION 2. Findings Required by Health & Safety Code Section 33445. The City Council hereby determines that: (i) the Projects are of benefit to the Project Areas as they will provide aesthetically pleasing entry points into the Project Areas off the 10 Freeway and other adjacent streets. They will also assist in the growth of existing and new businesses and help to reduce stagnant economic conditions. A description of the Projects and the funding sources are attached here to as Exhibit A; and (ii) no other reasonable means of financing the Projects are available from the City as the City is using its funds to undertake other projects, services and public improvements throughout the City as reflected in the FY 2009-10 Operating and Capital Improvement Budget, a copy of which is on file with the City Clerk; and (iii) that the payment of funds will assist in the elimination of blighting conditions inside the Redevelopment Project Areas by improving the appearance of critical entry points into the City of Rosemead and Redevelopment Project Areas off the 10 Freeway; and (iv) The use of Commission funds for these Projects is consistent with the Commission's 5-year Implementation Plan (2009-2014). SECTION 3. City Consent to use of Agency Funds. The City Council consents to the use of Commission funds to pay $100,000 to fund improvements made to the Ramona (north) sound wall and $250,000 to fund improvements to the entry points into the City of Rosemead and the Redevelopment Project Areas from the 10 Freeway for a total of $350,000 to allow for the completion of the Projects. SECTION 4. Effective Date: This Resolution shall take effect from and after its date of passage; approval and adoption. SECTION 5. Certification: The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this day of October, 2009. MARGARET CLARK, MAYOR ATTEST: GLORIA MOLLEDA, CITY CLERK APPROVED AS TO FORM Joseph M. Montes, City Attorney EXHIBIT A Project Descriptions 1. Ramona Blvd. (north) Beautification Project This project was approved and budgeted as part of the FY 2009-10 Capital Improvement Budget. The targeted project area is a'/4-mile section of sound wall along Ramona Boulevard directly north of the 10 Freeway between Rio Hondo and Hart avenues. The project is a complete landscape makeover of the sound wall area including new irrigation, ground cover, trees, shrubs, flowers, vines and concrete work. This work will eliminate the non-landscaped areas where litter regularly accumulates and act as a deterrent for graffiti. The estimated cost of the project is $100,000. The project construction is expected to start by mid-December 2009 and be completed on January 31, 2010. 2. Interstate 10 Freeway Entry Points Project This project was approved and budgeted as part of the FY 2009-10 Capital Improvement Budget. The project will improve and enhance the entry points into the City of Rosemead and the Redevelopment Project Areas from the 10 Freeway (i.e. Rosemead Blvd., Walnut Grove Ave., San Gabriel Blvd., Del Mar Ave.). The beautification project will include the following: 1. Rosemead Blvd. at the 10 Freeway: • Painting of the underpass bridge and installation of City logos • New irrigation and new landscape designs of the east/ west slopes • New improved hardscape designs for pavement islands 2. Walnut Grove Ave. at the 10 Freeway: • New irrigation and landscape designs of the east/ west slopes • New improved hardscape designs for pavement islands • Extension of turn pockets for safety enhancement and improvement of the traffic circulation 3. San Gabriel Blvd. south of the 10 Freeway: • Painting of the underpass bridge and installation of City logos • New irrigation and new landscape designs of the east/ west slopes • New improved hardscape designs for pavement islands 4. Del Mar Ave. south of the 10 Freeway: • Painting of the underpass bridge and installation of City logos • New irrigation and new landscape designs of the east/ west slopes • New improved hardscape designs for pavement islands The project is estimated to cost $250,000. The construction is anticipated to begin by February 2010 and be completed by June 2010. RESOLUTION NO. 2009-32 A RESOLUTION OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION, MAKING THE FINDINGS REQUIRED BY SECTION 33445 OF CALIFORNIA REDEVELOPMENT LAW AND DETERMINING THAT THE PROVISION OF PUBLIC IMPROVEMENTS FOR THE IMPROVEMENT OF THE RAMONA (NORTH) SOUNDWALL AND IMPROVEMENTS TO THE ON AND OFF RAMPS AT THE 10 FREEWAY ARE OF BENEFIT TO REDEVELOPMENT PROJECT AREAS NOS. 1 AND 2. WHEREAS, the Rosemead Community Development Commission (the "Commission") is a public body, corporate and politic, duly established and authorized to transact business and exercise powers under and pursuant to the provisions of the Community Redevelopment Law of the State of California, constituting Part 1 of Division 24 of the Health and Safety Code of the State of California (the "Law"), including the power to expend funds for public improvements for the benefit of Redevelopment Project Areas Number 1 and 2 ("Project Areas"); and WHEREAS, the City of Rosemead ("City") is the legislative body for the community in which the Project Areas are located and pursuant to Health & Safety Code section 33445 is required to consent to payments to be made by its Commission for the provision of public improvements; and WHEREAS, the provision of these projects are consistent with the Commission's Five- Year Implementation Plan Goals adopted for 2009-2014; and WHEREAS, there are appropriate facts supporting the findings required by Health & Safety Code Section 33445 for the City Council to consent to the Commission's expenditure of funds to improve the Ramona (north) sound wall and the on and off ramps at the 10 Freeway "the Project(s)"; and WHEREAS, the Resolution is being considered at properly noticed Public Hearing as required by Health and Safety Code section 33679. NOW, THEREFORE, THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Recitals. The Commission Board finds and declares that the above recitals are true and correct and incorporates them herein. SECTION 2. Findings Required by Health & Safety Code Section 33445. The Commission hereby determines that: (i) the Projects are of benefit to the Redevelopment Project Areas as they will provide aesthetically pleasing entry points into the Project Areas off the 10 Freeway and other adjacent streets. They will also assist in the growth of existing and new businesses and help to reduce stagnant economic conditions. A description of the Projects and the funding sources are attached here to as Exhibit A; and (ii) no other reasonable means of financing the Projects are available from the City as the City is using its funds to undertake other projects, services and public improvements throughout the City as reflected in the FY 2009-10 Operating and Capital Improvement Budget, a copy of which is on file with the City Clerk; and (iii) that the payment of funds for the Projects will assist in the elimination of blighting conditions inside the Redevelopment Project Areas by improving the appearance of critical entry points into the City of Rosemead and Redevelopment Project Areas off the 10 Freeway; and (iv) The use of Commission funds for these Projects is consistent with the Commission's 5-year Implementation Plan for 2009-2014. SECTION 3. Commission Request for use of Funds. The Commission requests the City Council's consent to use its funds to pay $100,000 for improvements made to the Ramona (north) sound wall and $250,000 for improvements to the entry points into the City of Rosemead and the Redevelopment Project Areas from the 10 Freeway for a total of $350,000 to allow for the completion of the Projects. SECTION 4. Effective Date: This Resolution shall take effect from and after its date of passage; approval and adoption. SECTION 5. Certification: The Commission Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this day of October, 2009. MARGARET CLARK, COMMISSION CHAIR ATTEST: GLORIA MOLLEDA, COMMISSION SECRETARY APPROVED AS TO FORM Joseph Montes, Commission Counsel EXHIBIT A Project Descriptions 1. Ramona Blvd. (north) Beautification Project This project was approved and budgeted as part of the FY 2009-10 Capital Improvement Budget. The targeted project area is a'/<-mile section of sound wall along Ramona Blvd. directly north of the 10 Freeway between Rio Hondo and Hart avenues. The beautification project includes a complete landscape makeover of the sound wall area. It will include new irrigation, ground cover, trees, shrubs, flowers, vines and concrete work. This work will eliminate the non-landscaped areas where litter regularly accumulates and act as a deterrent for graffiti. The estimated cost of the project is $100,000. The project construction is expected to start by mid-December 2009 and be completed on January 31, 2010. 2. Interstate 10 Freeway Entry Points Project This project was approved and budgeted as part of the FY 2009-10 Capital Improvement Budget. The project will improve and enhance the entry points into the City of Rosemead and the Redevelopment Project Areas from the 10 Freeway (i.e. Rosemead Blvd., Walnut Grove Ave., San Gabriel Blvd., Del Mar Ave.). The beautification project will include the following: 1. Rosemead Blvd. at the 10 Freeway: • Painting of the underpass bridge and installation of City logos • New irrigation and new landscape designs of the east/ west slopes • New improved hardscape designs for pavement islands 2. Walnut Grove Ave. at the 10 Freeway: • New irrigation and landscape designs of the east/ west slopes • New improved hardscape designs for pavement islands • Extension of turn pockets for safety enhancement and improvement of the traffic circulation 3. San Gabriel Blvd. south of the 10 Freeway: • Painting of the underpass bridge and installation of City logos • New irrigation and new landscape designs of the east/ west slopes • New improved hardscape designs for pavement islands 4. Del Mar Ave. south of the 10 Freeway: • Painting of the underpass bridge and installation of City logos • New irrigation and new landscape designs of the east/ west slopes • New improved hardscape designs for pavement islands The project is estimated to cost $250,000. The construction is anticipated to begin by February 2010 and be completed by June 2010.