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CC - Agenda - 03-24-09Public Comment from the Audience • If you wish to address the City Council, please complete a Speaker Request Card, as it must be handed to the City Clerk before the start of the meeting. • The City Council will hear public comments on matters not listed on the agenda during the Public Comments from the Audience period. • Opportunity to address the City Council (on non-agenda items) is limited to 3 minutes per speaker. • The City Council will hear public comments on items listed on the agenda during discussion of the matter and prior to a vote. Brown Act Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting. Rules of Decorum Persons attending the meeting shall observe rules of propriety, decorum, good conduct, and refrain from impertinent or slanderous remarks. Violation of this rule shall result in such persons being barred from further audience before the governing body. Pursuant to Gov. Code Sect. 54954.3(c), any person who engages in unlawful interference shall be removed from chambers. Americans with Disabilities Act In compliance with the ADA, if you need special assistance to participate in this meeting, please contact the City Clerk's office at least 48 hours prior to the meeting to allow the City to make reasonable arrangements to ensure accessibility to the meeting or service. This agenda was 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. Any writings or documents provided to a majority of the Rosemead City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office during normal business hours. Rosemead City Council AGENDA March 24, 2009 7:00 PM City Hall Council Chambers 8838 E. Valley Blvd., Rosemead, California 91770 www.ckyofrosemead.org John Tran, Mayor John Nunez, Mayor Pro Tern Margaret Clark, Councilmember Polly Low, Councilmember Gary Taylor, Councilmember ROSEMEAD CITY COUNCIL AGENDA March 24, 2009 • CALL TO ORDER - 7:00 PM • PLEDGE OF ALLEGIANCE - Mayor Pro Tern Nunez • INVOCATION - Mayor Tran • ROLL CALL - Mayor Tran, Mayor Pro Tern Nunez, Council Members Clark, Low, Taylor 1. GENERAL ELECTION MATTERS A. Resolution Reciting the Fact of the General Municipal Election held March 3, 2009 and Declaring the Results as Required by Law On March 17, 2009, the City Clerk's office conducted the manual tally as required by the California Elections Code and signed the Certification of Canvass of election returns. On the same day the City Clerk's office received a request for a Manual Recount of the March 3, 2009 General Municipal Election. The recount was conducted on March 19, 2009 and a new Certification of Canvass of election returns was signed declaring the final results. Resolution No. 2009-18 which declarers the official results of said election is submitted to City Council for approval. Recommendation: The City Council approve Resolution No. 2009-18, which recites the fact of the General Municipal Election held on March 3, 2009, declares the results and such other matters as provided by law. Certification of the results of the election to the City Council. B. Administration of the Oath of Office and issuance of Certificates of Election. 2. PRESENTATIONS A. Plaque of Appreciation - Mayor Tran B. Plaque of Appreciation - Mayor Pro Tern Nunez 3. CITY COUNCIL REORGANIZATION This is the time for the Council to reorganize by appointing a Mayor and Mayor Pro Tern, respectively. A. Appointment of Mayor - City Clerk Presiding B. Appointment of Mayor Pro Tern - Newly appointed Mayor Presiding C. Mayor's Committee Appointments for 2009-2010 Page 2 of 4 ROSEMEAD CITY COUNCIL AGENDA 4. PUBLIC HEARING March 24, 2009 A. Interim Urgency Ordinance No. 873 to Prohibit the Approval of Residential/Commercial Mixed Use Projects Recently, it was requested that staff explore the possibility of drafting an interim urgency ordinance prohibiting the approval of residential/commercial mixed-use projects for City Council consideration. As the City Council may recall, an updated General Plan was approved on October 14, 2008 that changed the land use designations along the major arterials in Rosemead to allow for mixed-use residential/commercial development. Although the updated General plan currently allows for high density residential mixed-use development, the City's current Zoning code does not adequately address appropriate development standards for these types of projects. Developing such standards is a time consuming process and involves input form the City Council, the Planning Commission, and the community. Such a factor warrants City Council consideration of an interim urgency ordinance which would prohibit the approval of residential/commercial mixed-use projects that have not already received a land use entitlement from the City. Approval of Ordinance No. 873 by a four-fifths vote would prohibit approval of any entitlements for mixed-use projects for a period of 45-days. Recommendation: The City Council Introduce and conduct the first reading (by title only) of a City Council Ordinance in Attachment A, and adopt, as an urgency measure pursuant to California Government Code section 65858 (b) Ordinance No. 873 entitled "An urgency interim ordinance of the City Council of the City of Rosemead, California, prohibiting the approval of applications for land use entitlements for mixed-use commercial and residential developments." 5. PUBLIC COMMENT FROM THE AUDIENCE 6. CONSENT CALENDAR A. Minutes December 16, 2008 - Adjourned Meeting January 13, 2009 - Regular Meeting B. Resolution No. 2009.13 Claims and Demands Recommendation: That the City Council adopt Resolution No. 2009-13, for payment of City expenditures in the amount of $1,295,558.20 numbered 100166 through 100203 and 65524 through 65665. Page 3 of 4 ROSEMEAD CITY COUNCIL AGENDA March 24, 2009 C. Second Reading of Ordinance 872 to Amend Contract with CaIPERS to Exclude Administrative Interns from CalPERS Membership The City Council approved the first reading of Ordinance 872 on March 10, 2009, which amends the contract with CalPERS to exclude administrative Interns from CalPERS Membership. Recommendation: That the City Council adopt Ordinance 872 authorize the amendment of the Contract with CaIPERS. 7. MATTERS FROM CITY MANAGER & STAFF A. Interim City Attorney Agreement On March 19, 2009, staff received a letter of resignation from City Attorney Bonifacio Garcia of Garcia, Calderon, & Ruiz. While the City Council determines how to fill the position permanently, staff recommends that an agreement for Interim City Attorney Services be finalized with Joe Montes of Burke, William, & Sorenson, LLP. After discussing the matter with Mr. Montes, a proposed agreement was drafted for City Council consideration. Recommendation: That the City Council approve the agreement for Interim City Attorney Services and authorize the City Manager to execute any and all documents associated with this matter 8. MATTERS FROM MAYOR & CITY COUNCIL 9. ADJOURNMENT The next regular City Council meeting is scheduled to take place on April 14, 2009 at 7:00 p.m. Page 4 of 4