CC - Agenda 09-25-07•
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01
Rosemead
City Council
AGENDA
September 25, 2007
7:00 PM
City Hall Council Chambers
8838 E. Valley Boulevard, Rosemead, CalOomia 91770
John Tran, Mayor
John Nunez, Mayor Pro Tem
Margaret Clark, Councilmember
Polly Low, Councilmember
Gary Taylor, Councilmember
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ROSEMEAD CITY COUNCIL AGENDA
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25, 2007
• CALL TO ORDER - 7:00 PM
• PLEDGE OF ALLEGIANCE - Mayor Tran
• INVOCATION - Councilmember Clark
• ROLL CALL - Councilmembers Clark, Low, Taylor, Mayor Pro Tern Nunez, Mayor Tran
1. PRESENTATION
A. Parks & Recreation Summer Program Overview
2. PUBLIC HEARINGS
A. Appeal Of Conditional Use Permit (CUP) No. 07-1103:
2444 Del Mar Avenue
Over the last several months, the City has been working with the Garvey School District
and East Los Angeles College (ELAC) towards processing a conditional use permit
application to lease the existing Williams Elementary School facility located at 2444 Del
Mar Avenue, for the purpose of establishing and operating a satellite ELAC campus.
The Planning Commission approved the CUP at its' September 5, 2007 meeting. The
report and back-up information presented to the Planning Commission at that meeting has
been attached to the staff report. Shortly thereafter, Council Member Gary
Taylor requested that the CUP be appealed to the City Council. Council Member Taylor's
written request is also attached to this report.
Recommendation: That the City Council uphold the Planning Commission's approval of
Conditional Use Permit No. 07-1103 and direct staff to prepare the appropriate resolutions
with all required findings and be brought back to the City Council for consideration at a
subsequent meeting.
B. Mixed Use Design Guidelines
Over the past several months, staff has been in the process of creating design guidelines
to address proposed multi-story, mixed use developments. The City has received
numerous requests to develop this type of product within the City. Due to the lack of
existing regulations and design guidelines, it has proved difficult to both process and
provide guidance to developers for such requests. Mixed use projects present complex
design/operational challenges and also present a major aesthetic change to the
community.
Downtown Solutions has been working with the City in the development of these
guidelines, and has provided design guidelines for mixed use developments for many
jurisdictions throughout the state. Downtown Solutions is also recognized as one of the
top leaders in the urban design field.
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ROSEMEAD CITY COUNCIL AGENDA
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25, 2007
On August 20, 2007 the Planning Commission held a public hearing and was unanimous
in recommending approval of the guidelines to the City Council.
On September 11, 2007 the Community Development Commission (CDC), Downtown
Solutions, and staff and met in Study Session to discuss the guidelines. One minor
revision was requested by the CDC which has been incorporated into the document.
Specifically, the second bullet point on page 2-3 is proposed to be removed to maintain a
minimum sidewalk width of 7 feet.
Upon adoption by the Council, the new guidelines will be incorporated into the City's future
Zoning Ordinance amendment.
Recommendation: That the City Council take the following action:
1) Adopt the proposed Mixed Use Design Guidelines
2) Adopt a negative declaration finding that the project will not have a significant adverse
effect on the environment.
3. PUBLIC COMMENT FROM THE AUDIENCE
4. CONSENT CALENDAR
A. Resolution No. 2007-37 Claims and Demands
Recommendation: Adopt Resolution No. 2007-37, for payment of City expenditures in
the amount of $634,539.78 demands 58643 through 58667 and demands 60477 through
60616.
B. Minutes
September 11, 2007 - Regular Meeting
C. CalPERS Contract Amendment Update - Second Reading
On June 12, 2007, the City Council voted to approve a modified benefits package for
employees. Based on direction given at that meeting, staff has been coordinating with
CalPERS to finalize the implementation of the 2.7% @ 55 pension formula with the one-
year final compensation calculation for miscellaneous employees.
On August 14, 2007, the City Council approved the Resolution of Intent to initiate this
change with CaIPERS. In order to finalize the process, the City Council must approve an
ordinance to formalize the City's intention of amending our contract. On September 11,
2007, the City Council approved that ordinance on first reading and tonight, the ordinance
is being considered for adoption on second reading.
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ROSEMEAD CITY COUNCIL AGENDA
25, 2007
Recommendation: That the City Council approve Ordinance No. 856 on second reading,
amending the City's contract with CalPERS.
D. Allocation of Home CHDO Set-Aside for FY 2007-2008
The City of Rosemead receives an annual Home Investment Partnerships (HOME)
entitlement grant from the U.S. Department of Housing and Urban Development (HUD)
based on the City's population size, number of households living below poverty level and
number of sub-standard housing units. Federal regulations specify a 15% set-aside of all
HOME funds for private nonprofit organizations, which meet the criteria as Community
Housing Development Organization (CHDO)'s. These funds must be used for specific
project-related expenses associated with housing to be developed, sponsored, or owned
by the organization. This can be housing developed for long-term rental, homeownership,
or transitional purposes. Up to 5% of the 15% set-aside may be used for general
administrative and operational costs of a CHDO.
Typical of many grantees, the City has had difficulty committing HOME funds for a CHDO
due to HOME regulations. The HOME regulations are very specific in determining whether
an organization qualifies as a CHDO. The applicant must have a demonstrated track
record and have true accountability to the communities and residents it serves. This
accountability extends to the Board of Directors and requires low-income representation on
that Board. Staff is proposing that the City enter into an Agreement with Rio Hondo
Community Development Corporation (RHCDC) outlying the conditions for the production
of affordable housing opportunities using the 15% CHDO set-aside funding, This
organization meets HUD's requirements for a CHDO by having the required non-profit
legal status, mission statement, financial capacity, and organizational makeup of their
Board of Directors necessary for CHDO certification.
Recommendation: That the City Council take the following action:
1) Enter into an Agreement with the RHCDC for the production of affordable housing
opportunities using the 15% CHDO set-aside funding.
E. Universal High Speed Broadband
The United States has been slow to develop truly high speed networks. Other
countries have overtaken the U.S. both in the speeds that are being provided and the
percentage of people who have access to high speed networks. In fact, the U.S. has
fallen to 16th in the world in terms of high speed Internet access.
The emergence of a new communications system - one based on high speed
interactive networks designed for voice, data, and video communications - opens
up tremendous opportunities for improving the quality of our economic, civic, and
personal lives. A true high speed digital network offers advantages far beyond
increased entertainment choices; it will accelerate business development and
innovations in telemedicine, interactive distance learning, and e-govemment, As with the
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ROSEMEAD CITY COUNCIL AGENDA September 25, 2007
Internet itself, it is difficult to predict the advances that a true high speed network will
inspire.
The Communication Worker's of America (CWA) believes that the goal of U.S.
communications policy should be to connect each to all - the more people connected to a
network, the greater the value of the network itself and the services it enables. Almost
every other developed country has a cohesive and comprehensive national strategy to
stimulate the deployment of high speed broadband by establishing specific goals and
policies. In the U.S. there is no organized or systematic plan. This policy vacuum
threatens America's ability to maintain its leadership in high technology and applications.
To assure economic growth, CWA is campaigning for the U.S. to reverse current trends
and set a national policy, and is requesting that local governments adopt a resolution
supporting this effort.
Recommendation: That the City Council adopt Resolution No. 2007-38, supporting the
need of a national policy guaranteeing high speed internet access to everyone in our
country.
City of Baldwin Park - Laidlaw Harley Davidson
The current Baldwin Park litigation is the second lawsuit against that City relating to
Laidlaw's Harley Davidson being lured from the City of Rosemead to Baldwin Park. The
result of the first lawsuit was that Baldwin Park and Rosemead entered into a tax-sharing
agreement whereby we were to receive one-half of the sales tax received by Baldwin Park
from Laidlaw's sales (to be calculated after Baldwin Park paid Laidlaw's its share of sales
tax).
After the first two payments were received, the Finance staff realized that it was only being
paid on vehicle sales and not on parts and accessories. Informal settlement discussions
took place on an administrative level, but no settlement was reached, thus necessitating
the filing of the second lawsuit.
Recommendation: That the City Council approve Resolution No. 2007 - 40 approving the
Settlement Agreement and First Amended and Restated Tax Sharing Agreement between
the City of Rosemead and the City of Baldwin Park.
G. National League of Cities Congress of Cities & Expo, New Orleans
Nogember 13 -17, 2007
Conference sessions will include: Understanding GASB; Selling Public Assets; Regional
Water Management; Youth Violence & Gang Prevention; Water Infrastructure; Affordable
Housing; and Revitalizing Your Downtown.
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.
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ROSEMEAD CITY COUNCIL AGENDA September 25, 2007
5. MATTERS FROM MAYOR & CITY COUNCIL
6. MATTERS FROM CITY MANAGER & STAFF
A. Crosswalk on Jackson Avenue at Whitmore Street
The Traffic Commission received a petition requesting the installation of a crosswalk on
Jackson Avenue at Whitmore Street. The petition indicated that students from the Head-
Start and State Preschool on the Emerson Elementary School campus cross at this
intersection. In addition, parents also drop-off/pick-up their students in the vicinity of
Jackson Avenue and Whitmore Street, The petition further indicated that vehicles traveling
on Jackson Avenue do not stop for pedestrians accessing the school. At the July 5, 2007
Traffic Commission meeting, the Commission approved the installation of a crosswalk and
appropriate signage and to further study the intersection when school is back in session.
Recommendation: That the City Council deny the request to install a crosswalk on
Jackson Avenue at Whitmore Street.
7. CLOSED SESSION:
The City Council will recess to a Closed Session pursuant to:
1) Government Code 54956.9(a):
Conference with Legal Counsel - Existing Litigation
Name of Case: Mazone v. City of Rosemead
8. ADJOURNMENT
The meeting will adjourn in memory of Deputy Dennis Nakauchi and his wife Beatrize Nakauchi.
The next regular City Council meeting is scheduled to take place on October 9, 2007 at 7:00 pm.
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