CC - Agenda 01-23-07•
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Rosemead
City Council
AGENDA
January 23, 2007
8:00 PM
City Hall Council Chambers
8838 E. Valley Boulevard, Rosemead, Caldomia 91770
Gary Taylor, Mayor
John Nunez, Mayor Pro Tem
Margaret Clark, Councilmember
Jay Imperial, Councilmember
John Tran, Councilmember
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ROSEMEAD CITY COUNCIL AGENDA January 23, 2007
• CALL TO ORDER - 8:00 PM
• PLEDGE OF ALLEGIANCE - Councilmember Clark
• INVOCATION - Venerable Bante Chao Chu, Los Angeles Buddhist Union
• ROLL CALL - Councilmembers Clark, Imperial, Tran, Mayor Pro Tern Nunez, Mayor Taylor
1. PRESENTATIONS
Certificate of Congratulations presented to two Rosemead Residents for their 100th Birthday
Celebrations - Hyram Shirmeister and Rose Auslander
2. PUBLIC COMMENT FROM THE AUDIENCE
Please refer to public comment guidelines on the first page of this document.
3. CONSENT CALENDAR
A. Resolution No. 2007.01 Claims and Demands
Recommendation: Adopt Resolution No. 2007-01, for payment of City expenditures in
the amount of $1,420,395.89 demands 55642 through 55894.
B. Minutes
• October 11, 2005 - Study Session
September 12, 2006 - Regular Meeting
November 28, 2006 - Regular Meeting
December 19, 2006 - Regular Meeting
C. Minimum On-Site Parking Requirements for Fast-Food Restaurants - Second
Reading
The City's zoning ordinance currently requires a minimum of one, on-site parking stall
be provided for every fifty (50) square feet of gross floor area for all fast food business.
After analyzing this zoning ordinance, staff believes that the requirement has proven to be
excessive. Based on a review and analysis of parking ratio requirements for fast food
restaurants in surrounding communities, staff feels that it would be appropriate to change
the existing zoning code to require one parking space for each 100 square feet of gross
floor area for fast food restaurants.
Recommendation: That the City Council adopt Ordinance No. 847 on second reading,
amending section 17.84.070 of the Rosemead Municipal Code relating to parking for fast
food restaurant uses.
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ROSEMEAD CITY COUNCIL AGENDA January 23, 2007
• D. Acceptance of Bids and Award of Contract for Reconstruction of Various Alleys
On January 11, 2007, bids were received for the subject project, which provides for the
reconstruction of three alleys along Valley Boulevard: (1) north of Valley Boulevard
(Bartlett Avenue/East End), (2) north of Valley Boulevard (Rio Hondo/East End), and (3)
south of Valley Boulevard (Temple City/Strang). City Council will consider award of the
contract to PCN3, Inc. in the amount of $438,240.00.
Recommendation: That the City Council accept the bids and award the project to PCN3,
Inc. in the amount of $438,240.00, waive irregularities in the bid submitted by Sol
Construction, Inc., and authorize the Mayor to sign the contract on behalf of the City.
E. 2005.06 State Mandated Redevelopment Agency Reports
The Community Redevelopment Law, as contained in the Health & Safety Code Section
33080.1, requires that five (5) annual reports be submitted to and accepted by the
Community Development Commission and City Council within six months after the end of
each fiscal year. Once accepted, the Community Development Commission and City
Council 'may authorize staff to transmit the final approved reports to the State. The five
reports include the following:
1. State Controller's Report
is 2. State Housing and Community Development Report
3. The Blight Removal Progress, Property Report, and Loan Report contained in a
single document
Recommendation: That the City Council approve the State Controllers, State Housing
and Community Development, Blight Removal Progress, Property, and Loan Reports and
authorize the City Manager or his designee to transmit these reports to the State.
Renewal of License Agreement with SCE for Klingerman Park
Klingerman Park is located just east of Walnut Grove on Klingerman Street. The property
is owned by Southern Califomia Edison (SCE), which leases the property to the City for the
use as a park.
Staff negotiated a one year extension of the lease with SCE for use of the property as a
park. The proposed lease agreement will cost the City $100 and is for a one year term
which expires the last day of December, 2007.
Recommendation: That the City Council approve the License Agreement with Southern
Califomia Edison Company for the use of Klingerman Park and authorize its execution by
the Mayor.
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ROSEMEAD CITY COUNCIL AGENDA January 23, 2007
• G. 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 for their Coronation Ball set to
take place on Saturday, February 24, 2007.
The group has requested that they be allowed to use the facility until 1:00 a.m. The normal
designated closing time of the Community Center is 11:00 p.m. In addition, since M.A.S.O.
is a youth organization, they will be required to pay a $50.00 refundable deposit.
As in the past, the group will need to clean the facility and leave it as they found it. They
will also need to comply with the rules and regulations on the back of the facility use form,
specifically as it relates to items No. 9 (supervision) and No. 10 (security guards).
Recommendation: That the City Council authorize the San Gabriel High School Mexican
American Student Organization to use the Garvey Community Center until 1:00 am on
Saturday, February 27, 2007.
H. Authorization to Place Ad in Program for the Lincoln Training Center's 23rd Annual
"Affair of the Heart" Award Dinner
The Lincoln Training Center has requested the City place an ad in this year's "Affair
of the Heart" program.
Recommendation: That the City Council authorize staff to place a half-page ad in
the program at a cost not to exceed $325.
Medical Marijuana Dispensaries Moratorium Ordinance
In 1996, California voters approved Proposition 215, the Compassionate Use Act of 1996,
which allowed those who could demonstrate a medical need the legal authority to obtain
and use marijuana. Later, in 2003, the California State Legislature enacted the Medical
Marijuana Program which required the State Department of Health Services to establish an
administrative procedure for the issuance of identification cards to qualified patients for the
distribution of marijuana. Later, in 2005, the United States Supreme Court held that the
federal Controlled Substances Act prohibits any person from possessing or using
marijuana, creating what appears to be a conflict between federal and State law.
In many communities throughout the State of California, individuals have opened and now
operate medical marijuana dispensaries. Currently, the Rosemead Municipal Code does
not prohibit or limit the establishment of a medical marijuana dispensary in the community.
In order to consider community concerns regarding the impact that the establishment of
such businesses may have on public health, safety, and welfare, in addition to the potential
conflict between federal and State law, the City needs to consider the adoption of
• appropriate regulations regarding such use.
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ROSEMEAD CITY COUNCIL AGENDA
•
2007
• Recommendation: That the City Council adopt Ordinance 849, an interim urgency
ordinance which would place a temporary moratorium on the establishment and operation
of medical marijuana dispensaries in Rosemead pending further study of the potential
impacts that such facilities could have on public health, safety, and welfare, and to address
the potential conflict between federal and state law as it relates to the possession and use
of marijuana for medicinal purposes.
J. Authorization to Attend Independent Cities Association 19th Annual Winter Seminar,
February 2-4, 2007
The 19th Annual Independent Cities Association Winter Seminar will include
seminars sessions on Municipal Police and Public Schools, School Violence: Before and
After Columbine; and A Better LA.
Recommendation: That the City Council authorize the attendance at City expense,
including, if any, expenses in excess of $2,500, of any Councilmember, City
Attorney, City Manager and staff designee.
K. Authorization to Attend California Redevelopment Association (CRA) 2007
Conference & Expo, February 28 - March 2, 2007
The annual CRA conference will include sessions on Blight after 1206 and Eminent
Domain after Kelo; Manufactured Housing for Affordable Infill Development; Mixing and
• Matching Brownfields Tools to Maximize Redevelopment Opportunities, Putting
Proposition 1C Dollars to Work and Sustaining Catalytic State Funding and Improving
Communities through Creative Financing & Partnerships.
Recommendation: That the City Council authorize the attendance at City expense,
including, if any, expenses in excess of $2,500 of any Councilmember, the City Manager
and staff designee.
L. Authorization to Attend National League of Cities (NLC) 2007 Annual Congressional
City Conference, March 10.14, 2007
The NLC Conference will include sessions on Emergency Management & Homeland
Security; Transportation Financing & Reauthorization; Telecommunication Reform;
Eminent Domain; Community Development & Affordable Housing; Educational Reform and
Alternative Energy & Climate Change.
Recommendation: That the City Council authorize the attendance at City expense,
including, if any, expenses in excess of $2,500, of any Councilmember, City Manager and
staff designee.
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ROSEMEAD CITY COUNCIL AGENDA
0M. Authorization to Attend Technical Track for Clerks (TTC) Seminar,
March 13-16, 2007
2007
The Technical Track for Clerks seminar sessions will include Local Government Overview;
Municipal Clerk Profession; Management Skills; Communication Skills; and Ethics and
Personal Values.
Recommendation: That the City Council authorize the attendance of the Assistant to the
City Clerk.
N. Authorization to Attend Annual League of California Cities Planners Institute
Conference, March 21.23, 2007
The annual Planning Conference seminar topics will range from Conditions of
Approvals and Findings; CEQA 101; General Plan, State and Local Solutions for Housing
and Planning Commission Administrivia.
Recommendation: That the City Council authorize the attendance of the Planning
Services Administrator and interested Planning Commissioners.
0. Authorization to Attend International Institute of Municipal Clerks (IIMC) 61St Annual
Conference, May 21-26, 2007
• The 61St annual IIMC Conference education program will include Master Municipal Clerk
Academy sessions on Effective Project Management; Emergency Management;
Performance Management; Local Government Budgeting; Ethics in Public Service.
General Sessions range from Conflict Resolution; Communication; Leadership; ARMA
Records Management Track.
Recommendation: That the City Council authorize the attendance of the City Clerk.
AB 1234 Meeting Reports
The City Clerk has received a written report filed by Mayor Taylor, Mayor Pro Tem Nunez,
Councilmember Clark, Councilmember Imperial, Councilmember Tran and City Manager
Lazzaretto.
Recommendation: That the City Council receive and file said report,
4. MATTERS FROM MAYOR & CITY COUNCIL
A. Rosemead "Walk/Run" Program
Mayor Pro Tern Nunez requested an agenda item to discuss Rosemead "Walk/Run"
Program which was recently discontinued.
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• ROSEMEAD CITY COUNCIL AGENDA January 23, 2007
• 5. MATTERS FROM CITY MANAGER & STAFF
A. Wal-Mart Construction Update
Staff will provide an update to the City Council regarding the status of construction related
activities at the Wal-Mart facility.
B. Closed Session: The City Council will recess to a Closed Session pursuant to:
1) Government Code 54956.9(a):
Conference with Legal Counsel - Pending Litigation
Name of Case: Floumoy v. City of Rosemead
2) Government Code 54956.9(a):
Conference with Legal Counsel - Pending Litigation
Name of Case: City of Rosemead v. City of Baldwin Park
• 6. ADJOURNMENT
The next regular meeting is scheduled for February 13, 2007 at 8:00 pm.
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