CC - Agenda 05-29-07Public Comment from the Audience:
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-Brown ct:...
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pursuant to RMC Sec. 1.08.020
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Rosemead
City Council
AGENDA
May 29, 2007
6:30 PM
City Hall Council Chambers
8838 E. Valley Boulevard, Rosemead, California 51770
John Tran, Mayor
John Nunez, Mayor Pro Tern
Margaret Clark, Councilmember
Polly Low, Councilmember
Gary Taylor, Councilmember
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ROSEMEAD CITY COUNCIL AGENDA
2007
• CALL TO ORDER- 6:30 PM
• PLEDGE OF ALLEGIANCE - Mayor Tran
• INVOCATION - Councilmember Taylor
• ROLL CALL - Councilmembers Clark, Low, Taylor, Mayor Pro Tem Nunez, Mayor Tran
1. PRESENTATIONS
A. Certificates of Appreciation for Students and Donors for "Rebuilding Together"
West San Gabriel Valley Affiliate
2. PUBLIC COMMENT FROM THE AUDIENCE
3. PUBLIC HEARINGS
A. Single-Family Residential Design Guidelines
On April 10 and May 8; 2007, staff presented proposed single-family residential design
guidelines and municipal code text amendments to the City Council for adoption during the
required public hearing. Due to several`feguestsrnade for additional design issues to
consider by both the public and members of the City Council, the public hearing item was
continued to May 29, 2007. . _ . -V. ,,r
The City Council by unanimous decision at the May 8, 2007 public hearing directed the
staff to leave in place the existing standards related to front yard fencing. Therefore the
ordinance and design guidelines have been modified from previous versions to leave the
existing requirements in place with the exception of a "no fee permit" review process that
would still allow for a City review of any new proposed front yard fencing in R-1 and R-2
zones.
Staff has carefully reviewed and considered each of the comments received regarding the
proposed single-family residential design guidelines and municipal code text amendments.
Revisions have been made to both the guidelines and ordinance where determined
appropriate and where directed by the City Council. This report has been prepared to
.review the revisions and address each of the issues that were raised at the previous public
hearings.
Recommendation: That the City Council take the following action:
1) Adopt Ordinance 851 -Amending subsections 17.12, 17.16, 17.20, and 17112 of the
Rosemead municipal code relating to single-family residential design standards.
2) Adopt the proposed Single-Family Residential Design Guidelines.
3) Adopt a negative declaration finding that the project will not have a significant adverse
effect on the environment.
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ROSEMEAD CITY COUNCIL AGENDA
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B. Appeal of Design Review 05-132; Zone Variance 05.330 and Zone Variance 06.340 -
Modifications to Conditions of Approval
As part of the entitlement process for the properties located at 8815-8855 Valley -
Boulevard, two conditions were placed on both the property owner of the shopping center
(Bob Nguyen) and the owner of the Universal Bank structure (Eric Lee). The first condition
required the two owners to submit an agreed upon parking lot striping plan for both
parcels. The second condition required each owner to submit a written agreement that the
adjacent property owner is allowed to develop their property according to the designs
approved by the Planning Commission.
On May 7, 2007, the Planning Commission denied a staff initiated recommendation to
remove and modify the conditions of approval that were originally placed on the
entitlement approvals for parking variances and design review applications for the =
properties located at 8815-8855 Valley Boulevard.
On May 14, 2007 the City Clerk's office received an appeal letter from a member-of the
City Council, appealing the decision of the Planning Commission and. requesting that a
hearing take place before the full City Council. -
Recommendation: That the City Council take the following'action; . - . 11 1) Delete condition 44 and 45 of PC Resolution 06-26 and condition 33 and 34 of PC
Resolution 06-27.
4. CONSENT CALENDAR
A. Resolution No. 2007.16 Claims and Demands
Recommendation: Adopt Resolution No. 2007-16, for payment of City expenditures in the
amount of $1,436,540.16 demands 57148 through 57373.
B. Minutes
April 3, 2007 - Special Meeting
C. Approval of Riding Lawn Mower Specifications and Authorization for Staff to Solicit
Bids for a New Mower
The existing riding lawn mower used to mow all of the City's parks is over thirteen years
old and is beginning to require additional repairs. As part of this year's budget, $27,000
was allocated to purchase a new riding lawn mower. In addition, bids will be opened on
June 25, 2007, therefore, the funds will need to be carried over to the next fiscal year.
Recommendation: That the City Council approve the specifications and authorize staff to
solicit bids for a new riding mower.
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ROSEMEAD CITY COUNCIL AGENDA
29, 2007
D. Approval of Rubber Play Surface Specifications and Authorization for Staff to Solicit
Bids for New Rubber Play Surface at Sally Tanner Park
Sally Tanner Park is one of the last facilities that uses sand underneath the play equipment
as a cushioning material. It is proposed that the sand be replaced with a resilient rubber
surface.
Recommendation: That the City Council approve the specifications and authorize staff to
solicit bids for the-installation of a rubber play surface at Sally Tanner Park.
E. Release of Bond - Parcel Map 64210
9213 Marshall Street
A Faithful Performance Bond and a Labor and Material Bond were required to guarantee
construction of new curb and gutter, sidewalk, driveway, and sewer laterals for Parcel Map
64210.. In lieu of bonds, a Certificate of Deposit was issued to the City in the amount of
$10,500.....,
Recommendation: That the City Council accept the public improvements and release the
Certificate of Deposit:..
Approval of Amendment to 2006 Engineering and Traffic Survey
On March 20, 2006, the City Council adopted the 2006 Engineering and Traffic (E&T)
Survey which provides.recommend ations for the posted speed limits on forty-two city
street segments. The California Vehicle Code (CVC) requires each city to complete an
E&T Survey every seven years in order to continue using radar for traffic speed
enforcement. The change in traffic conditions on Rush Street and Walnut Grove Avenue
due to the installation of new traffic signals serving the Wal-Mart Store requires a resurvey
of the posted speed limits for two affected street segments.
Recommendation: That the City Council approve an amendment to the 2006 Engineering
and Traffic Study.
G. Compliance with Senate Bill 53 (SB 53) - Ordinance 853: Second Reading
In 2006, the Governor signed Senate Bill 53 (SB 53) into law. This new
measure requires every city and county with a redevelopment agency to adopt an
ordinance by July 31, 2007 that describes all programs "to acquire real property by
eminent domain."
By approving Ordinance No. 853, the City would come into compliance with SB 53. The
proposed ordinance merely restates what is in the Redevelopment Plans for Project Area
No. 1 and Project Area No. 2. In addition, the Ordinance reiterates existing law, including
that the Commission's authority to use eminent domain has expired in Project Area No. 1
and is scheduled to expire on June 27, 2012 in Project Area No. 2, unless the time
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ROSEMEAD CITY COUNCIL AGENDA
29, 2007
limitations are extended by amendment to the Redevelopment Plans or as authorized by
state law.
Recommendation: That the City Council approve Ordinance No. 853 on second reading
complying with requirements of Senate Bill 53.
Comprehensive Planning Services Contract Agreement
On March 28, 2007 the City received an application from a developer who is proposing to
construct a 205,000 square-foot mixed use development with 30 attached condominiums
at 7419-7459 E. Garvey Avenue. Given the scope of this proposed project staff worked
with the developer to send out requests for proposals (RFP) for environmental planning
services to assist with the preparation of required California Environmental Quality Act
(CEQA) studies. The cost to hire the consultant will be paid for in full by the developer.
Recommendation: That the City Council take the following action:
1) Authorize the Mayor to execute the contract agreement with-CPS.
2) Direct staff to obtain a deposit from the developer to cover the full costfor
contract services prior to authorizing the consultant to proceed.
Phil Martin & Associates Inc. Contract Agreement
The City has received an application from the DoubleTree Hotel proposing to expand the
size of the hotel by 70,000 square.feet. Given the scope of this proposed project,.staff
worked with the developer to send out requests for proposals (RFP) for environmental
planning services to assist with the preparation of required California Environmental
Quality Act (CEQA) studies. The cost to hire the consultant will be paid for in full by the
developer.
Recommendation: That the City Council take the following action:
1) Authorize the Mayor to execute the contract agreement with PMA.
2) Direct staff to obtain a deposit from the developer to cover the full cost for contract
services prior to authorizing the consultant to proceed.
League Of California Cities 2007 Mayors and Council Members Executive Forum &
Advanced Leadership Workshops - July 25.28, 2007
The League of California Cities is sponsoring a Mayors and Council Members Executive
Forum and Advanced Leadership Workshops taking place from July 25-28 in Monterey.
Conference sessions will include: Greening Municipal Buildings; Using Eminent Domain in
the Post Kelo/Prop 90 Era; Planning Public Forums; Dealing with State Housing Mandates;
Affordable Housing and Market Rate Housing; California Ethnic & Gay, Lesbian, Bisexual
and Transgender Media; Disabled Access Construction Requirements; Local Ballot
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ROSEMEAD CITY COUNCIL AGENDA
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Measures and Successful Campaigns; and Mobile Home Parks Issues.
2007
Recommendation: That the City Council authorize any Council Member, the City
Attorney, the City Manager, or a staff designee to attend the event at City expense.
5. MATTERS FROM MAYOR & CITY COUNCIL
A. Vietnamese American Heritage and Freedom Flag
The Vietnamese Refugee Community of Los Angeles County is requesting that the
Rosemead City Council support the Vietnamese American citizens of the City Rosemead
by adopting Resolution No. 2007-17 acknowledging the Vietnamese American Heritage
and Freedom Flag as a symbol of freedom and democracy in Vietnam.
Recommendation: That the City Council approve Resolution No. 2007-17 acknowledging
the Vietnamese Heritage and Freedom Flag as a symbol of freedom and democracy in
Vietnam.
6 .-MATTERS FROM CITY MANAGER & STAFF
- = A.,; Garvey Bridge: Status Update
B. Fourth of July Parade Consideration
Recently, members of the City Council have requested that staff explore the possibility of
organizing a 4m of July Parade this year. Over the past several weeks; we have been
working to develop some initial projections regarding the possibility of undertaking such an
initiative. Based on this initial review and the timeframe within which the event would have
to be organized, it could potentially be possible for the City to host a limited 40 of July
Parade. However, a significant amount of staff time and resources would have to be
invested in order for this project to be carried out and there is no guarantee that the event
can be sufficiently coordinated.
Recommendation: That the City Council receive this report and provide direction
regarding the 2007 Fourth of July Parade.
7. CLOSED SESSION
A. Conference with Labor Negotiator
The City Council will recess to a closed session pursuant to Government Code Section
54957.6. Labor Negotiations
Negotiator for the City: Oliver Chi. Employee Unit: Rosemead Employee Association
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ROSEMEAD CITY COUNCIL AGENDA May 29, 2007
8. OTHER MATTERS
A. Closed Session: Potential Litigation
B. Ordinance From the City Attorney Conferring Certain Oversight Authority to City
Manager with Respect to Application of the Fire Code - First Reading
Recently, the issue of restoring a certain measure of local control and accountability over
rules and decisions concerning the application of the fire code, which were promulgated by
officials of the County of Los Angeles ("County') who have been contracted to provide fire
protection services to the City, has become a concern for City residents. In order to
ensure that the interests and concerns of local property and homeowners are considered,
staff proposes that oversight authority be given to the City Manager to grant him or her the
ability to review, modify, and amend regulations promulgated by County officials within the
City's boundaries.
The City's "fire prevention code" is contained in Chapter 8.24 of the Rosemead Municipal
Code("RMC"): Through-RMC section 8:24.010, the City previously adopted by reference
the "Fire Code" of the County of Los Angeles-(°COunty") as the "fire prevention code" of the
City. RMC section 8.24.040 presently gives''general supervision" over essentially all
matters that relate to"fire protection to the Los Angeles County Fire Department and the
Consolidated Fire Protection District.
At present, the provisions of the County Fire Code, as adopted by the City, gives the
County fire chief blanket authority to promulgate rules, regulations, and decisions
respecting the Fire Code as applied to the City., As it presently stands, no elected or
appointed official of the City has any oversight authority over how such rules, regulations
and decisions are applied to the City. Essentially, the County fire chief, who essentially
serves as the contract fire chief for the City, is not accountable to any City elected or
appointed official. While the work of the County Fire Department and the Fire Chief are
held in high respect by the City and its residents, the issues of local control and local
accountability are likewise important to the residents of the City.
Recommendation: That the City Council hold the noticed public hearing, receive public
comment, and introduce Ordinance No. 853.
9. ADJOURNMENT
The next regular meeting is scheduled to take place on June 12, 2007 at 7:00 pm.
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