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CC - Agenda 12-11-07Public 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 goveming 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 U Rosemead City Council AGENDA December 11, 2007 7:00 PM City Hall Council Chambers 8838 E. Valley Boulevard, Rosemead, Califomia 91770 John Tran, Mayor John Nunez, Mayor Pro Tem Margaret Clark, Councilmember Polly Low, Councilmember Gary Taylor, Councilmember 1 ROSEMEAD CITY COUNCIL AG DA ecember 11, 2007 • CALL TO ORDER - 7:00 PM • PLEDGE OF ALLEGIANCE - Councilmember Nunez • INVOCATION - Councilmember Tran • ROLL CALL - Councilmembers Clark, Low, Taylor, Mayor Pro Tem Nunez, Mayor Tran 1. PRESENTATION A. Almont League Football Champions - San Gabriel High School 2. PUBLIC HEARINGS A. General Plan Amendment 07.02, Zone Change 07.225, Planned Development Review 07.01, Conditional Use Permit 07-1090 and Tentative Tract Map 70044 Located at 7419.7459 Garvey Avenue Mr. Patrick Yang has submitted entitlement applications requesting approval to develop a new four-story mixed use development consisting of 127 residential condominium units above 59,180 square feet of commercial/retail/restaurant space. The subject site is located north of Garvey Avenue between New Avenue and Prospect Avenue on the City's west side. The project site consists of seven contiguous parcels totaling approximately 5.35 acres. The project will be developed in two phases; Phase 1 will consist of the • Garvey Avenue frontage totaling approximately 3.68 acres, which will be developed with commercial and residentially mixed land uses along with 2 levels of subterranean parking and a significant outdoor courtyard/food court pedestrian amenity. The remaining 1.67 acres to the north, which consists of an existing mobile home park, could be developed as part of a subsequent phase. The existing General Plan designation for all affected parcels is Commercial. The existing zoning designations consist of C-3 (Medium Commercial) and P (Automobile Parking). However, at this time, only the parcels located within Phase 1 are proposed to be rezoned to (PD) Planned Development and have the General Plan land use designation changed from Commercial to Mixed Use Residential/Commercial. Any future development proposals for the 1.67 acre site will require the review and approval of separate entitlement applications together with a separate environmental analysis, a mobile home park relocation plan, and separate public hearings before the Planning Commission and City Council. Recommendation: That the City Council ADOPT Ordinance No. 860, thereby APPROVING General Plan Amendment 07-02, Zone Change 07-225, Planned Development Review 07-01, Conditional Use Permit 07-1090, and Tentative Tract Map 70044, subject to the attached conditions. Staff also recommends that the City Council adopt the attached Mitigated Negative Declaration and Mitigation Monitoring Program as recommended by the Planning Commission on November 05, 2007. • 1 Page 2 of 11 ROSEMEAD CITY COUNCIL AGENDA ember 11 2007 • B. General Plan Amendment 07-06, Zone Change 05-222, Planned Development Review 06-04, Conditional Use Permit 06-1064, and Tentative Tract Map 069079 for Property Located at 3862 Rosemead Boulevard and 9016 Guess Street Long Bach Trinh has submitted applications for a new four-story mixed-use project consisting of 32 residential condominium units (totaling 38,065 square feet) above 10,845 square feet of commercial/retail/restaurant space on 1.04 acres located at the southeast corner of Rosemead Boulevard and Guess Street. The site consists of three parcels with one and two-story multifamily residential buildings. All existing structures will be demolished to accommodate the proposed development, which includes approximately 4,160 square feet of restaurant uses and approximately 6,685 square feet of retail space. All commercial tenant spaces will have storefronts facing Rosemead Boulevard and Guess Street. Primary access to the commercial suites will be provided via the parking lot in the rear of the site. The condominiums located on the second, third, and fourth floors will be oriented towards the Rosemead Boulevard and Guess Street frontages. The site will include 59 parking spaces at grade, along with a subterranean parking garage with 84 parking spaces, for a total of 143 off-street parking spaces. This project was considered by the Planning Commission at its public hearing on October 15, 2007. After hearing all testimonies from the applicant's representative and the public, the Commission continued the item to the November 5th hearing and directed staff to work with the applicant regarding solutions to vehicular access onto Guess Street and the • issues of privacy with the adjacent neighbors. In an effort to restrict traffic on Guess Street, the applicant has altered the entry drive, added "no right turn" signs adjacent to the Guess Street driveway, and will construct an 8-foot tall decorative CMU block wall along the south and east property lines for added neighbor privacy. The revised project was presented to the Planning Commission on November 51h and was unanimously recommended for approval. Recommendation: That the City Council ADOPT Ordinance No. 861, thereby APPROVING General Plan Amendment 07-06, Zone Change 05-222, Planned Development Review 06-04, Conditional Use Permit 06-1064, and Tentative Tract Map 069079, subject to the attached conditions. Staff also recommends that the City Council adopt the attached Mitigated Negative Declaration and Mitigation Monitoring Program as recommended by the Planning Commission on November 5, 2007. C. Adoption of Urgency Ordinance No. 862 Related to the Adoption of the California Building Standards Code (Title 26 Los Angeles County Building Code), The California Electrical Code (Title 27 Los Angeles County Electrical Code), The California Plumbing Code (Title 28 Los Angeles County Plumbing Code), The California Mechanical Code (Title 29 Los Angeles County Mechanical Code) The new 2007 California Building, Electrical, Plumbing, and Mechanical Codes become effective statewide on January 1, 2008. The City of Rosemead has traditionally adopted the Los Angeles County amendments to the State Building Laws as its own amendments i to these State Laws. The Los Angeles County Board of Supervisors adopted the new Page 3 of 11 ROSEMEAD CITY COUNCIL AG*DA December 11, 2007 • California Building Law as amended by the Los Angeles County Department of Public Works at its November 27, 2007 meeting. The State Building Laws are based on the 2006 International Building Code, the 2006 Uniform Plumbing and Mechanical Codes and 2005 National Electrical Code. The Building Standards Commission has amended the model codes to apply to specific California needs such as seismic, energy and disabled access requirements. The Los Angeles County Department of Public Works further amends the code to account for the unique requirements of the County of Los Angeles. The County amendments would also apply to similar conditions in the City of Rosemead. Recommendation: That the City Council approve Urgency Ordinance 862 on first reading. 3. PUBLIC COMMENT FROM THE AUDIENCE 4. CONSENT CALENDAR A. Minutes September 25, 2007 - Regular Meeting October 9, 2007 - Regular Meeting • November 20, 2007 - Special Meeting B. Resolution No. 2007- 46 Claims and Demands Recommendation: Adopt Resolution No. 2007- 46, for payment of City expenditures in the amount of $544,079.68 numbered 58793 through 58839 and 60995 through 61056. C. Resolution No. 2007- 47 Claims and Demands Recommendation: Adopt Resolution No. 2007- 47, for payment of City expenditures in the amount of $751,733.57 numbered 58840 through 58877 and 61057 through 61179. D. League of California Cities - 2008 Mayors and Council Members Academy January 16-18, 2007, Sacramento Conference sessions at the League of California Cities 2008 New Mayors and Council Members in Training will include: Policy Role in Land Use Planning; Relationship between City Council and City Manager/Staff; Practical Ethics and the Law; Dealing and Succeeding with the Media; and Financial Responsibilities. Recommendation: That the City Council authorize the attendance of any Council Member, the City Manager, and staff designee. 1 Page 4 of 11 ROSEMEAD CITY COUNCIL AG*DA December 11, 2007 E. League of California Cities - 2008 City Managers Department Meeting February 6-8, 2008, La Jolla Conference sessions at the League of California Cities 2008 City Managers Department Meeting will include: Sexual Harassment and Ethics Issues; Innovative in Managing Public Safety Costs; Federal Cap on Retirement Benefits; Media Relations; CalPers; and Impact of Technology, Recommendation: That the City Council authorize the attendance of the City Manager and staff designee. California Contract Cities Association - 41 n Annual Sacramento Legislative Orientation Tour - January 14.16, 2008, Sacramento The program of events will include sessions with Senate and Assembly, legislative and executive branch leadership. Issues that will be address will include: Home owner Protection Act, Water, Universal Health Care, Transportation and the Digital Infrastructure and Video Competition Act of 2007 (AB 2987-Levin). Recommendation: That the City Council authorize the attendance of any Council Member, the City Manager, and staff designee. G. Property Maintenance Ordinance No. 854 - Second Reading • On November 20, 2008 City Council meeting, the City Council introduced ProPe ty ty rtY Maintenance Ordinance No 854 for the first reading. Recommendation: That the City Council adopt Ordinance No. 854 on second reading. H. General Plan Amendment 07-04 General Plan Amendment 07-04, Zone Change 07- 227, Design Review 07.146 and Conditional Use Permit 07-1101 Located at 9800- 9804 Valley Boulevard - Second Reading On November 20, 2007, the City Council reviewed the proposed retail/office project at the first required public hearing, which resulted in a motion for approval. The project is now before the Council at the required second reading. Recommendation: That the City Council adopt Ordinance No. 857, thereby approving General Plan Amendment 07-04, Zone Change 07-227, Conditional Use Permit 07-1101, and Design Review 07-146, subject to the attached conditions. General Plan Amendment 05-01, Zone Change 05-221, Conditional Use Permit 05- 960, Zone Variance 04.325, Planned Development Review 05-02, and Tentative Tract Map 061336 Located at 3212.3232 Del Mar Avenue - Second Reading • On November 20, 2007, the City Council reviewed the proposed mixed use project at the first required public hearing, which resulted in a motion for approval. The project is now Page 5 of 11 ROSEMEAD CITY COUNCIL AG41DA December 11, 2007 40 before the Council at the required second reading. Recommendation: That the City Council adopt Ordinance No. 858, thereby approving General Plan Amendment 05-01, Zone Change 05-221, Conditional Use Permit 05-960, Zone Variance 04-325, Planned Development Review 05-02, and Tentative Tract Map 061336, subject to the attached conditions. J. Residency Restrictions for Registered Sex Offenders - Second Reading On November 20, 2007, the City Council approved Ordinance 859 on first reading to amend Chapter 9 of the Rosemead Municipal Code to include Residency Restrictions for registered sex offenders. Recommendation: That the City Council adopt Ordinance No. 859 on second reading. K. Utilized City Facility Until Midnight An applicant has requested the use of the Garvey Center for a private function until midnight on December 22, 2007. The rules and regulations for the facility usage indicates that all activities must cease by 11:00 p.m. and amplified music or sound that can be heard by the general public must • cease by 10:00 p.m. Recommendation: That the City Council approve the extended usage until midnight with all music ceased by 11:00 p.m. L. Release of Bonds - Tract Map 60158 8470 Mission Drive A Faithful Performance Bond of $192,000 and a Labor and Material Bond of $96,000 were required to guarantee construction of a new drive approach, a private driveway, a storm drain, an 8-inch water and monuments for Tract Map 60158. Recommendation: That the City Council accept the public improvements and release the bonds. M. Asphalt Concrete Overlay FY 2007.08 The reference project has been constructed in conformance with the approved plans and specifications and is ready for acceptance of work. Recommendation: That the City Council accept the above referenced project, authorize the recordation of the Notice of Completion by the City Clerk; and authorize the release of the 10 percent retention payment 35 days after the recorded date of the Notice of is Completion, Page 6 of 11 C ROSEMEAD CITY COUNCIL AGRDA fecember 11, 2007 N. Removal of Stop Sign on Jackson Avenue at Whitmore Street Mr. Andy Loi, who resides at 3120 Jackson Avenue, expressed his concerns that the new stop sign installed immediately north of his driveway had created an unsafe condition for his family. At the November 20, 2007 City Council meeting staff was directed to remove the stop sign and re-design the intersection for City Council approval. Recommendation: That the City Council approve the removal of the stop sign on Jackson Avenue at Whitmore Street and the installation of advanced warning signs, rumble strips, "Slow School Xing" markings, and a wheel chair ramp and ladder striping to the crosswalk per the engineering plan. 0. Los Angeles County Public Library Requesting Letters of Support The City received a letter from the County of Los Angeles Public Library asking the City to support their letter writing campaign asking Governor Schwarzenegger to restore the $14 million in public library funding in the 2008-2009 State budget that he cut from the final FY 2007-2008 budget. Recommendation: That the City Council authorize staff to issue a letter of support for the County Library's efforts to restore funding for library services in 2008 - 2009 State budget. • P. Tom Bradley Commemorative Stamp The City received a letter from the League of California Cities asking the City Council to consider supporting of the issuance of a commemorative postal stamp for Tom Bradley. The late Tom Bradley contributed to the cities of California as he served as Mayor of Los Angeles for 20 years from 1973 to 1993 and as he served as the President of the League of California Cities in 1979 to 1980. The effort to urge the United States Postal Service to issue this commemorative stamp is supported by the Board of Directors for the League. Recommendation: That the City Council support the issuance of a commemorative stamp of Tom Bradley. Q. Red Curb at 8533 Grand Avenue Staff received a request from Marissa Castro-Salvati, Local Public Affairs Region Manager of Southern Califomia Edison, to consider installing red curbs at 8533 Grand Avenue. Ms. Castro-Salvati has received concems from employees accessing the SCE site on Grand Avenue indicating that vehicles park on either side of their driveway at 8533 Grand Avenue obstruct visibility for vehicles exiting the site. Ms. Castro-Salvati has asked for red curbs to be installed on both sides of this driveway. • Recommendation: That the City Council approve Traffic Commission's recommendation to install 40 feet of red curb on the east side of the driveway of 8533 Grand Avenue easterly and 20 feet of red curb on the west side of the driveway westerly. Page 7 of 11 ROSEMEAD CITY COUNCIL AGENDA December 11, 2007 • R. Removal of Parking Restriction on Walnut Grove Avenue in the Vicinity of 3342 Walnut Grove Avenue Mr. Pat Chiechi, 3342 Walnut Grove Avenue, is requesting the removal of parking restrictions in the vicinity of his property. Mr. Chiechi indicates that there is no parking in the vicinity of his property and the travel lane is wide enough to provide on-street parking. He also believes that additional parking should be accommodated across the street (west side of Walnut Grove Avenue). Recommendation: That the City Council approve Traffic Commission's recommendation to modify the parking restrictions on Walnut Grove Avenue by relocating the existing R30 (CA) sign approximately 30 feet to the north of 3342 Walnut Grove Avenue and removing 55 feet of red curb in front of 3343 Walnut Grove Avenue. S. Approval of Mater Agreement and Project/Construction Management Services Agreement with the Del Terra Group for the Garvey Bridge Reconstruction On August 9, 2007, the City Council approved the Del Terra Group as the City's construction manager for general capital projects and the Garvey Bridge Reconstruction Project. In doing so, the Council directed the City Attorney to negotiate terms and conditions for performing project management services. The attached contract agreements were negotiated by Garcia, Calderon, and Ruiz (GCR) and will authorize the • Del Terra Group ("Del Terra") as the City's primary construction project manager for capital projects and the reconstruction of Garvey Bridge. Recommendation: That the City Council take the following actions: 1. Adopt the attached resolution approving the Master Agreement for Program and Construction Management Services with Del Terra Group. 2. Approve the attached Mater Agreement for Program Management Services with Del Terra ("Master Agreement") 3. Approve the attached Project and Construction Management Services Agreement for Garvey Bridge at a not to exceed cost of $149,820 ("Bridge Project Agreement") from unappropriated General Fund reserves. 4. Authorize the City Manager to take the necessary steps to execute the aforementioned agreements. 5. MATTERS FROM CITY MANAGER & STAFF A. Consolidated Disposal Application for Rate Increase On Tuesday, December 4, 2007, Consolidated Disposal Services (Consolidated) submitted a letter requesting a rate increase for 2007-2008. The proposed rate increase of 5.62% for residential customers and 5.79% for commercial customers are scheduled to is take effect on January 1, 2008. Page 8 of 11 ROSEMEAD CITY COUNCIL ARDA leocember 11, 2007 • In addition to details regarding the proposed rate increase, Consolidated also forwarded a copy of the Rosemead City Council Agenda from November 14, 2006. The agenda indicates that the City Council granted the City Manger the authority to implement any annual rate increase without holding a public hearing provided that the rate increase does not exceed the formula in the Consolidated contract agreement. For reference, staff went back and pulled the minutes for the meeting where the action was taken, and it does appear that the City Council granted the City Manager such authority. This means that unless there is any objection from the City Council, the staff will move forward and authorize the rate increase proposed by Consolidation. Recommendation: That the City Council receive and file this report. 6. MATTERS FROM MAYOR & CITY COUNCIL A. Traffic Commissioner Appointment On November 20, 2007, the City Council directed staff to initiate discussions with Brian Lewin regarding his interest in serving as a member of the Rosemead Traffic Commission. A vacancy currently exists on the Traffic Commission due to the resignation of Commissioner Janet Chin, who was recently elected as a member of the Garvey School District Board of Trustees. Based on City Council direction, staff contacted Mr. Lewin to discuss the possibility of his serving as a member of the Traffic Commission, Those conversations were positive and Mr. Lewin expressed enthusiasm and interest as it relates to his being appointed to the Traffic Commission. Recommendation: That the City Council appoint Brian Lewin to the Rosemead Traffic Commission. Rosemead Youth Association Funding Discussion Recently, Mayor John Tran was contacted by members of the Rosemead Youth Association (RYA) regarding their financial situation. It appears that the RYA was recently hit with the IRS tax levy that has left their organization with a severe monetary hardship. Based on that initial contact, Mayor Tran has requested that the Council discuss the potential for the City to assist the RYA during this period of time. Recommendation: That the City Council provide direction regarding assistance for the RYA. • Page 9 of 11 . ROSEMEAD CITY COUNCIL AMDA December 11, 2007 • C. City Hall Holiday Schedule Currently, City Hall is scheduled to be closed on Tuesday, December 251h, and Tuesday, January 1st, in recognition of Christmas and the New Year. In addition, City Hall is currently scheduled to close at 12:00 p.m. on Monday, December 24th and Monday, December 31st, in recognition of Christmas Eve and New Year's Eve. Recently, members of the City Council have asked staff about the possibility of closing City Hall between Monday, December 24th and Tuesday, January 1st. Under such scenario, City Hall would reopen on Wednesday, January 2^d. Historically, the week between Christmas and the New Year is a slow period of time for the City and it would be possible to close City Hall and non-essential City services during the holiday week. If employees would like to take that week off, they would be required to use personal leave hours (i,e., vacation, floating holiday, etc.) during that time. For those employees who would prefer to come to work during that time, they would be able to come into the office despite City Hall being closed. Recommendation: That the City Council take the following actions: 1. Approve the closure of City Hall between December 24, 2007 and January 1, 2008, excluding essential City services. 2. Those employees choosing to take time off will be required to use their own accumulated leave time. D. Discussion Regarding Bids for Engineering Services Recently, members of the City Council discussed with staff the possibility of re-bidding our existing contract for engineering services. Currently, the City of Rosemead contracts with the Willdan Group, Inc., for our engineering related needs. The contract, which was approved on July 14, 1981, provides the City with part-time staffing for our engineering operation and also allows Willdan the opportunity to provide design and engineering services for City capital improvement projects. For the operations portion of the engineering function, Willdan provides three different positions, including a part-time City Engineer, a part-time support engineer, and a part-time public works inspector. In addition, the City has a traffic engineer on retainer from the Willdan Group, Inc., who is used on an as needed basis. In total, the operations portion of the engineering contract will cost the City around $500,000 during the 2007-2008 fiscal year. Furthermore, the 2007-2008 CIP budget includes funds allocated to pay Willdan for design and engineering services in the amount of approximately $425,000. This results in a total cost of around $925,000 for our engineering services. More recently, the City has experienced the departure of two long-time members from our engineering team. With this loss of institutional knowledge, it would be prudent for the City • Council to consider issuing a request-for-proposal (RFP) to re-bid the entire engineering contract to ensure the efficiency and effectiveness of this vital City function. Page 10 of 11 • ROSEMEAD CITY COUNCIL AGENDA 0 December 11, 2007 Recommendation: That the City Council provide direction regarding the issuance of an RFP for engineering Services. E. Rosemead Boulevard Relinquishment Recently, members from the City Council have asked staff to research the possibility of relinquishing Rosemead Boulevard from the State of California. A similar request was made of staff in February 2002 after Caltrans approached the City to discuss the possible relinquishment of Rosemead Boulevard to the City. As part of that request, Willdan and Associates prepared a relinquishment study that analyzed the current condition of the road including any corrective measures that must be reconciled prior to the City's acceptance of relinquishment of the roadway. The June 22, 2005 staff report to the City Council provides a brief summary of the relinquishment study and a detailed analysis of the overall relinquishment process. If it is the City Council's desire to proceed with the relinquishment process, a formal resolution acknowledging the City's interest must be brought back for City Council approval at a future meeting. Recommendation: That the City Council provide direction regarding the relinquishment of Rosemead Boulevard. • SGV Mosquito and Vector Control District Board Appointment On September 12, 2006 the City Council voted unanimously to appoint Council Member Margaret Clark as the Rosemead delegate to the San Gabriel Valley Mosquito and Vector Control District (SGVMVCD) Board of Trustees. The appointment was for a four-year term beginning in January 2008. Recently, Mayor Pro Tern Nunez requested that the City Council reconsider the appointment of the City representative to the SGVMVCD Board of Trustees. Recommendation: That the City Council provide direction as it relates to the appointment of Rosemead City delegate to the SGVMVCD Board of Trustees. • 7. ADJOURNMENT The next regular City Council meeting is scheduled to take place on January 8, 2008 at 7:00 pm. Page 11 of 11