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CC - Agenda 11-22-05AGENDA REGULAR MEETING ROSEMEAD CITY COUNCIL CITY HALL COUNCIL CHAMBERS ROSEMEAD, CALIFORNIA NOVEMBER 22, 2005, AT 8:00 P.M. CALL MEETING TO ORDER: 8:00 P.M. PLEDGE TO THE FLAG: COUNCILMEMBER CLARK INVOCATION: VENERABLE BANTE CHAO CHU ROLL CALL OF OFFICERS: COUNCILMEMBERS CLARK, NUNEZ, TRAN, MAYOR PRO TEM TAYLOR, MAYOR IMPERIAL APPROVAL OF MINUTES: NOVEMBER 23, 2004 - REGULAR MEETING JANUARY 25, 2005 - REGULAR MEETING FEBRUARY 8, 2005 - REGULAR MEETING APRIL 26, 2005 - REGULAR MEETING OF INTEREST TO CITIZENS WISHING TO PARTICIPATE I) Those wishing to speak on any Agenda Item, including public hearing, should have their Speaker Request Form submitted to the City Clerk no later than the time immediately following Oral Communications. 2) Immediately after approval of the minutes and again at the end of the meeting, there is a period of time set aside for those persons wishing to address the Council on matters not listed on the Agenda entitled: ORAL COMMUNICATIONS FROM THE AUDIENCE (please complete the Speaker Request Form stating your preference to speak either at the beginning or at the end of the meeting). 3) Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities, as required by Section 202 of the Americans with Disabilities Act of 1990. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's office at 626/569-2171 at least 48 hours before the meeting, if possible. PRESENTATIONS: SHERIFF'S DEPARTMENT CERTIFICATE PRESENTED TO JESSE E. BELTRAN FOR ASSISTANCE TO DEPUTIES I. ORAL COMMUNICATIONS FROM THE AUDIENCE II. PUBLIC HEARINGS - EXPLANATION OF THE PUBLIC HEARING PROCEDURES BY THE CITY ATTORNEY A. ZONE CHANGE 05-219 4433 WALNUT GROVE AVENUE Property owner is requesting to subdivide one existing lot into eight (8) parcels for the development of eight single-family residences. On October 17, 2005, the Planning Commission approved Tentative Tract Map 063143 and Zone Variance 05-332. The Planning Commission also approved a recommendation to the City Council for approval of Zone Change 05-219. Recommendation: That City Council Approve, subject to conditions and introduce Ordinance No. 842 on first reading. CCAG GNDA:11-22-05 Page I of 5 • Al. ORDINANCE NO. 842 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING ZONE CHANGE 05-219, CHANGING THE ZONING FROM "R-1; SINGLE-FAMILY RESIDENTIAL" ZONE TO "R-3; MEDIUM MULTI-FAMILY RESIDENTIAL" ZONE, TENTATIVE TRACT MAP 063143 AND ZONE VARIANCE 05-332 LOCATED AT 4433 WALNUT GROVE AVENUE (APN:5372-018-039) B. ZONE CHANGE 05-220 8440-8444 DOROTHY STREET Property owner representative is requesting to subdivide three (3) existing lots into six (6) parcels for the development of six single-family residences. On September 19, 2005, the Planning Commission recommended approval of Zone Change 05-220/Planned Development Review 05-01. Recommendation: Approve, subject to conditions and introduce Ordinance No. 843 on first reading. B l. ORDINANCE NO. 843 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING ZONE CHANGE 05-220, CHANGING THE ZONING FROM "R-2; LIGHT MULTI-FAMILY RESIDENTIAL" ZONE TO "PD; PLANNED DEVELOPMENT" ZONE LOCATED AT 8440 - 8446 DOROTHY STREET (APNs: 5288-003-040, 5288- 003-041, 5288-003-042). C. CONDITIONAL USE PERMIT 05-1021; APPEAL 8772 E. VALLEY BOULEVARD At its October 3, 2005 meeting, the Rosemead Planning Commission approved the issuance of a new On-Sale Beer and Wine (Type 41) ABC license of a bona fide eating establishment. The approval of the CUP was appealed by Mayor Imperial. Recommendation: Approve, subject to conditions and adopt Resolution No. 2005-41. C 1. RESOLUTION NO. 2005-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 05- 1021 APPEAL ESTABLISHING CONDITIONS OF APPROVAL FOR A NEW ON-SALE BEER AND WINE (TYPE 41) ABC ALCOHOL LICENSE FOR A BONA FIDE PUBLIC EATING ESTABLISHMENT AT THE PHO KING RESTAURANT; LOCATED AT 8772 VALLEY BOULEVARD IN THE C3-D (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE (APN 5390- 010-038). D. PUBLIC HEARING TO CONSIDER THIRD AMENDMENT TO CONSOLIDATED DISPOSAL SERVICES (CDS) CONTRACT TO INCLUDE AUTOMATED RECYCLING AND YEAR ROUND BULKY ITEM PICKUP This item was continued from the October 11 `h Council Study Session. The proposed third amendment contract would include automated recycling using a 64 gallon blue container, manual green waste using existing 32 gallon containers and year round bulky item pickups on the regular scheduled trash day with a limit of 25 items per year. It would also include pickup of E-waste and tires. The new household rate would increase from $12.44 to $15.24 per month. CCAGENDA:11-22-05 Page 2 of 5 • • Recommendation: After receiving public comment and closing the public hearing it is recommended that the Rosemead City Council approve the third amendment which includes automated recycling and year round bulky item pickup. Ill. LEGISLATIVE A. RESOLUTION NO. 2005-38 - CLAIMS AND DEMANDS Recommendation: Adopt Resolution No. 2005-38, for payment of City expenditures. B. ORDINANCE NO. 840 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING CHAPTER 5.24 OF THE ROSEMEAD MUNICIPAL CODE REGARDING MASSAGE ESTABLISHMENTS At the October 25, 2005 City Council meeting the City Council held a public hearing to adopt new regulations as they relate to Massage Related Businesses Licensing Requirements. Recommendation: That the City Council adopt Ordinance 840 on second reading. C. ORDINANCE NO. 841 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD SETTING CITY COUNCIL SALARIES State law allows an adjustment by 5% for each calendar year since the last adjustment in 2001. The attached ordinance will increase the current compensation of $920.30 per month to $1,118.63 and will not take effect until the commencement of a new term on the City Council. Recommendation: That the City Council waive further reading and introduce Ordinance No. 841. IV. CONSENT CALENDAR - RECOMMENDATION: APPROVAL CC-A RESOLUTION 2005-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO COMMUNITY DEVELOPMENT COMMISSION PAYMENT FOR COSTS ASSOCIATED WITH THE INSTALLATION OF TRAFFIC SIGNAL IMPROVEMENTS AT GRAVES AVENUE AND JACKSON AVENUE By adopting this resolution, the City Council of the City of Rosemead finds that Community Development Commission payment for the project benefits Project Area No. 1, there are no other reasonable means of financing, and that the project will eliminate blighting conditions by providing traffic signal improvements that will provide improved vehicular access along roadways within and adjacent to Project Areas No. 1, thus enhancing the value of abutting properties. Recommendation: That City Council adopt Resolution No. 2005-40 CC-B APPROVAL OF TRACT MAP NO. 61208 - VACANT LOT ON RIO HONDO AVENUE NORTH OF VALLEY BOULEVARD Tract Map No. 61208 is being submitted for consideration and approval along with an Undertaking Agreement and Letter of Credit to guarantee the construction of sewer mainline and laterals subsequent to the recordation of the tract map. An CCAG ENDA:11-22-05 Page 3 of 5 • n easement dedication is required to be granted on the map for public sewer purposes. All other conditions of approval have been met. Recommendation: It is recommended that City Council: 1. Approve Tract Map No. 61208 2. Approve the undertaking agreement 3. Accept the sewer easement dedication 4. Direct the City Clerk to arrange for the recordation of the map CC-C RELEASE OF BONDS - PARCEL MAP 26622; 3242-3250 ALANREED AVENUE A Faithful Performance Bond and a Labor Bond and Material Bond were required to guarantee construction of curb, gutter, driveways, curb drain and survey monuments. In lieu of bonds, a Certificate of Deposit was issued to the City in the amount of $13,950. The improvements have been installed satisfactorily. Recommendation: That the City Council accept the public improvements and authorize release of the Certificate of Deposit. CC-D RESOLUTION 2005-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING DESIGN REVIEW 03-110 FOR EXTERIOR FACADE AND LANDSCAPING RENOVATIONS,M AND DENYING ZONE VARIANCE 05-328 FOR CONVERSION OF LAND USE WITHIN A CENTER FROM COMMERCIAL BANK TO COMMERCIAL FOOD ESTABLISHMENT FOR A LEGAL, NON-CONFORMING SHOPPING CENTER WITH LESS THAN THE MINIMUM NUMBER OF REQUIRED PARKING STALLS; LOCATED AT 8855 VALLEY BOULEVARD IN THE CBD-D (CENTRAL BUSINESS DISTRICT WITH A DESIGN OVERLAY) ZONE (APN 5391-009-002) At the October 25, 2005 City Council meeting, the City Council approved Design Review 03-110 for exterior facade and landscape treatments. The City Council denied the request for a variance to allow less than the minimum number of required parking stalls to allow the conversion of office space into restaurant uses. This item was heard by the City Council on appeal from the adjacent property owner. Recommendation: Approve, subject to conditions. CC-E REQUEST FROM MEXICAN AMERICAN STUDENT ORGANIZATION The San Gabriel High School Mexican American Student Organization (M.A.S.O.) has again requested the use of the Garvey Community Center on Saturday, February 25, 2006 for a Coronation Ball. A request has been made that their group be allowed to use the facility until 12:30a.m. Recommendation: It is recommended that the City Council authorize the San Gabriel High School Mexican American Student Organization to use the facility until 12:30a.m. CC-F AUTHORIZATION TO ATTEND THE CALIFORNIA CONTRACT CITIES ASSOCIATION LEGISLATIVE ORIENTATION TOUR - SACRAMENTO, JANUARY 9-11, 2006 The program of events will include sessions with State Senate, Assemblymembers and Leadership. Council and staff have attended this conference on a regular basis. CCAGENDA:11-22-05 Page 4 of 5 • P.4 Recommendation: That the Rosemead City Council authorize the attendance of any Council Member, City Attorney, City Manager and staff as designated by the City Manager. CC-G AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES 2006 MAYORS AND COUNCIL MEMBERS ACADEMY LEADERSHIP INSTITUTE, JANUARY 11-13, 2006 - SACRAMENTO This year's program includes sessions on fiscal oversight, Council/Staff relations, effective advocacy, legal powers and obligations, land use planning, succeeding with the media and intergovernmental affairs. Council and staff have attended this seminar in the past. Recommendation: That the Rosemead City Council authorize the attendance of any Council Member, City Manager, City Attorney and staff designated by the City Manager. V. MATTERS FOR DISCUSSION AND ACTION VI. STATUS REPORTS VII. MATTERS FROM OFFICIALS VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE IX. ADJOURNMENT THE NEXT REGULAR MEETING IS SCHEDULED FOR TUESDAY, DECEMBER 13, 2005, AT 7:00 P.M. AT THE ROSEMEAD HIGH SCHOOL AUDITORIUM, 9063 E. MISSION DRIVE, ROSEMEAD, CALIFORNIA. Posted 72 hours in advance of the meeting at the City Hall, 8838 E. Valley Boulevard, Rosemead; the L.A. County Library, Rosemead Branch, 8800 E. Valley Boulevard, Rosemead; and other locations pursuant to RMC Sec. 1.08.020. CCAGENDA:11-22-05 Page 5 00