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CC - Agenda 12-27-05• s AGENDA REGULAR MEETING ROSEMEAD CITY COUNCIL CITY HALL COUNCIL CHAMBERS ROSEMEAD, CALIFORNIA DECEMBER 27, 2005, AT 8:00 P.M. CALL MEETING TO ORDER: 8:00 P.M. PLEDGE TO THE FLAG: MAYOR PRO TEM TAYLOR INVOCATION: COUNCILMAN TRAN ROLL CALL OF OFFICERS: COUNCILMEMBERS CLARK, NUNEZ, TRAN, MAYOR PRO TEM TAYLOR, MAYOR IMPERIAL APPROVAL OF MINUTES: JUNE 1, 2004 - ADJOURNED MEETING JUNE 22, 2004 - REGULAR MEETING SEPTEMBER 13, 2005 -REGULAR MEETING OF INTEREST TO CITIZENS WISHING TO PARTICIPATE 1) 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: ORAL COMMUNICATIONS FROM THE AUDIENCE II. PUBLIC HEARINGS - EXPLANATION OF THE PUBLIC HEARING PROCEDURES BY THE CITY ATTORNEY A. CONDITIONAL USE PERMIT 05-1021; APPEAL - 8772 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 tide eating establishment. The approval of the CUP was appealed by Mayor Imperial. This item was continued at the request of the applicant, from the November 22, 2005 Council Meeting. Recommendation: Approve, subject to conditions. • Al. 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 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). Recommendation: Adopt Resolution No. 2005-41 III. LEGISLATIVE A. RESOLUTION NO. 2005-48 - CLAIMS AND DEMANDS Recommendation: Adopt Resolution No. 2005-48, for payment of City expenditures. TV. CONSENT CALENDAR- RECOMMENDATION: APPROVAL CC-A. 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, TO ZONE 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). Recommendation: That the City Council approve the adoption of Ordinance No. 842, subject to conditions on second reading. CC-B. 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; PLANNING DEVELOPMENT ZONE LOCATED AT 8440-8446 DOROTHY STREET (APN: 5288-003-040, 5288-003-041, 5288-003-042) Recommendation: That the City Council approve the adoption of Ordinance No. 843, subject to conditions on second reading. CC-C RESOLUTION NO. 2005-47 - ADOPTING AN EXPENSE AND USE OF PUBLIC RESOURCES POLICY The impetus of this Resolution is a change in state law brought about by the enactment of AB 1234, effective January 1, 2006. That law requires cities and other governmental agencies to adopt expense reimbursement policies within specified parameters. Recommendation: It is recommended that the City Council, after any changes or amendments, adopt Resolution No. 2005-47. 0 0 CC-D RESOLUTION NO. 2005-49 - SETTING TERMS AND COMPENSATION OF COMMUNITY DEVELOPMENT COMMISSIONERS Community Development Commissioners' current compensation will be impacted with the implementation of AB 11, which will be effective January 1, 2006. This resolution brings commissioners compensation into compliance with AB 11. Recommendation: That the City Council adopt Resolution No. 2005-49. CC-E ACCEPTANCE OF THE ANNUAL REPORT OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION FOR FISCAL YEAR 2004- 2005 Pursuant to California Redevelopment Law, the Community Development Commission is required to submit an Annual Report of its activities each year to the City Council. The attached Annual Report for fiscal year 2004-2005 has been prepared by staff and meets all of the requirements of law. Recommendation: It is recommended that the City Council accept the Annual Report. CC-F CITY CLERK EMPLOYMENT AGREEMENT Pursuant to the City Council's previous action (1) designating Nina Castruita as City Clerk and (2) directing the City Manager to prepare an employment agreement for Ms. Castruita, attached for City Council consideration is an employment agreement with Ms. Castruita. Recommendation: That the City Council approve the employment agreement with Nina Castruita and authorize the Mayor to execute the same on behalf of the City. CC-G APPROVAL OF TRACT MAP 61005 - 3313-3319 DEL MAR AVENUE Tract Map 61005 is being submitted for consideration and approval along with an Undertaking Agreement and Faithful Performance and Labor and Material Bonds to guarantee the construction of driveways, curb and gutter, sidewalk, parkway drains, sewer mainline, water line and survey monuments subsequent to the recordation of the tract map. Easement dedications are 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 approve Tract Map 61005, approve the undertaking agreement, accept sewer easement dedications, and direct the City Clerk to arrange for the recordation of the map. CC-H AWARD OF BID FOR RE-ROOFING AND REPAIR OF THE DINSMOOR HERITAGE HOUSE, 9632 STEELE STREET The 2005-06 City budget includes funds for the repair of the Dinsmoor House's tile roof. Recommendation: It is recommended that the Council award the contract to the contract to the lowest responsible bidder 0 • 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 JANUARY 10, 2006, AT 8:00 P.M. 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 Section 2801.