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CC - Item III.C - Kelburn Ave. Storm Drainstaf epor TO: FRANK G. TRIPEPI, EXECUTIVE DIRECTOR FROM: KEN RUKAVINA, CITY ENGINEER DATE: APRIL 19, 2000 RE: RESOLUTION 2000-20 KELBURN AVENUE STORM DRAIN MISCELLANEOUS TRANSFER DRAIN NO. 1565 TRANSFER TO LOS ANGELES COUNTY FOR MAINTENANCE Presented for Council's consideration is a resolution to transfer Miscellaneous Transfer Drain (MTD) No. 1565 (Kelburn Avenue, from Emerson Place Dorothy Street Storm Drain Project), to the Los Angeles County Flood Control District for operation and maintenance. Construction of MTD 1565, was completed and accepted by Council on February 22, 2000. Adoption of this resolution is required to request the Los Angeles County Board of Supervisors to accept the transfer of MTD 1565. Attached for your review are the following: 1. Resolution No. 2000-20 2. Exhibit "A" 3. Location Map. t RECOMMENDATION It is recommended that the Rosemead City Council: 1. Approve and pass Resolution No. 2000-00. 2. Request the Los Angeles County Board of Supervisors to accept the transfer of MTD 1565, for operation and maintenance, and authorize the transfer and conveyance. Attachments ITE- PA No. L APR 2 5 2000 RECORDING REQUESTED BY COUNTY OF LOS ANGELES WHEN RECORDED MAIL TO BOARD OF SUPERVISORS COUNTY OF LOS ANGELES Space Above This Line For Recorder's Use RESOLUTION 2000-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS MISCELLANEOUS TRANSFER DRAIN (MTD) NO. 1565, IN THE CITY OF ROSEMEAD FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF. WHEREAS, there have been dedicated to, or the City has otherwise acquired, the storm drain improvements and drainage systems known as MTD No. 1565, described in Exhibit A attached hereto; and WHEREAS, the City is authorized and empowered to transfer and convey to the Los Angeles County Flood Control District any storm drain improvements and drainage systems for future operation, maintenance, repair, and improvement; and WHEREAS, the City and the Los Angeles County Flood Control District entered into an agreement dated July 31, 1980, and recorded September 30, 1980, as Document Number 80-957601, of the Official Records of the County Recorder for the County of Los Angeles, whereby the City made certain warranties about its future transfers and conveyances of Flood Control facilities to the District; and WHEREAS, the best public interest will be served by transfer and conveyance of the storm drain improvements and drainage systems described in Exhibit A attached hereto from the City to the Los Angeles County Flood Control District for future operation, maintenance, repair, and improvement. NOW, THEREFORE, BE IT RESOLVED that the City does hereby request the Los Angeles County Flood Control District to accept the transfer and conveyance of the storm drain improvements and drainage systems described in said Exhibit A. BE IT FURTHER RESOLVED that, subject to the acceptance thereof the Board of Supervisors of the Los Angeles County Flood Control District, the City Engineer is directed and ordered to prepare all necessary instruments and documents, including deed, to effectuate said transfer and conveyance, and that the Mayor is authorized and instructed to execute said deed and other instruments and documents. District shall have no obligation or responsibility to maintain said storm drain, improvements, and drainage until all rights of way for said drain now vested in the City and all other necessary rights of way therefore have been conveyed to and accepted by District. Reference is made to District Drawing Number 181-5-F71.1-.2, the plans and profile of said storm drain improvements and drainage systems on file in the office of the City Engineer and on file in the office of the Chief Engineer of said District for further data as to the exact location, extent, and description of said storm drain improvements and drainage systems. BE IT FURTHER RESOLVED that the transfer and conveyance hereby requested are subject to each of the warranties described in the Agreement between the City and the District dated July 31, 1980, and recorded September 30, 1980, as Document Number 80- 957601, of the Official Records in the office of the County Recorder for the County of Los Angeles. Such warranties by the City are incorporated here by this reference. The City Clerk shall certify to the adoption of this Resolution. Adopted and approved this 25'h day of April, 2000. Mayor of the City of Rosemead I HEREBY CERTIFY that the above and foregoing Resolution was adopted at a regular meeting of the City Council of the City of Rosemead held on the 25'h day of April, 2000. By the affirmative vote of at least four-fifths of the Councilmen, to wit: Ayes: Noes: Absent: City Clerk of the City of Rosemead CITY SEAL EXHIBIT "A" . KELBURN AVENUE (FROM EMERSON PLACE TO DOROTHY STREET) STORM DRAIN NO. 1565 Storm Drain in the City of Rosemead A total of 859 linear feet more or less of 18-inch to 30-inch reinforced concrete pipe and appurtenances thereto extending from Los Angeles County Flood Control District Bond Issue Project No. 5, in Kelburn Avenue. All storm drains and appurtenances are constructed within the street public rights-of-way in the City of Rosemead as shown on District Drawing Number 181-5-F71.1-.2. L i Q U Ld < Lo w z z W U - N ' O I o w w O Q x o J a 0 m ARTSON ST I z o U W ~ w d w H ~ W 6 z Z r > Q Q o U U- Q J HELLMAN AV Q Q HERSEY ST w J Q U DOROTHY ~ S V - Q o ~ W O J co W LQi Q Y EMERSON PL WHITMORE ST V ORDINANCE NO. 803 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING ZONE CHANGE 99-211, AMENDING ROSEMEAD ZONING MAP FROM R-2; "LIGHT MULTIPLE RESIDENTIAL" TO "C-3; MEDIUM COMMERCIAL", FOR THE DEVELOPMENT OF A RESTAURANT WITH DRIVE THROUGH ACCESS LOCATED AT 3041 GLADYS AVENUE (APNs: 5288-009-053,-054,-055). WHEREAS, on December 29, 1999, Jack-In-The-Box, 100 West Barranca Avenue, Suite 200, West Covina, CA, 91791, filed an application requesting an amendment Rosemead zoning map from R-2; "Light Multiple Residential" to "C-3; Medium Commercial" on property located at 3041 Gladys Avenue; and WHEREAS, the City of Rosemead has an adopted general plan, zoning ordinance, and map, including specific development standards to control development; and WHEREAS, Zone Change 99-211 would designate the subject property C3; "Medium Commercial" allowing commercial types of development such as restaurants with drive through access; and WHEREAS, State Planning and Zoning Law, Title 7, Chapter 3, Article 8, plus Sections 17.116 & 17.124, of the Rosemead Municipal Code, authorize, and set standards for, the preparation of specific plans (zone change) governing the development of private property; an I WHEREAS, Sections 17.116 and 17.124 of the Rosemead Municipal Code authorize the Planning Commission to consider and recommend proposed zone change to the City Council; and WHEREAS, Section 65454 of the California Government Code requires that specific plans (zone change) be consistent with the adopted general plan; and WHEREAS, City Council policy encourages the preparation of these zone changes because of the superior level of planning and protection they offer to the quality and character of area where they are located; and WHEREAS, on February 16, 2000, an initial study for the draft ordinance Iwas completed finding that all potential environmental impacts can be mitigated to a level of insignificance; and WHEREAS, on February 23 and March 29, 2000, notices were posted in 10 public locations and mailed to property owners within a 300-foot radius from the subject property specifying the public comment period and the time and place for a public hearings pursuant to California Government Code Section 65091(a)(3); and WHEREAS, on March 20, 2000, the Planning Commission held a public hearing to receive testimony and voted to recommend City Council approval of Zone Change 99-211 and C Liti it_ 0' .11<6 APR ? Zoa I ITEM N~o. 7l . D j Ordinance No. 803 Zone Change 99-211 Page 2 of 5 WHEREAS, on April 3, 2000 the Planning Commission adopted Resolution 00-10, recommending City Council approval of Zone Change 99-211; and WHEREAS, on April 11, 2000 the City Council held a hearing to receive public testimony relative to Zone Change 99-211; and WHEREAS, the City Council has sufficiently considered all testimony presented to make the following determination. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Rosemead as follows: Section 1. Pursuant to the City of Rosemead's CEQA Procedures and State CEQA Guidelines, it has, been determined that the adoption of this ordinance will not have potential environmental impacts. This conclusion is based upon the record, initial study and comments received during the public review period. Therefore, a Negative Declaration has been prepared according to CEQA. The City Council, having final approval authority over this project, has reviewed and considered any comments received during the public review prior to the approval of this project. Furthermore, the City Council has exercised its own independent judgment in reaching the.above conclusion. The City Council, therefore, approves the Negative Declaration. Pursuant to Title X1V, California Code of Regulation, Section 753.5(x)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for adverse effect on the wildlife resources or the habitat upon which the wildlife depends. Furthermore, on the basis of substantial evidence, the City Council hereby finds any presumption of adverse impact has been adequately rebutted. Therefore pursuant to Fish and Game Code Section 711.2 and Title XIV, California Code of Regulations, Section 735.5(a)(3), the City Council finds that the project has a de minimis impact and therefore the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 2. The City CounciLHEREBY FINDS, DETERMINES AND DECLARES that placing the property in the C-3; "Medium Commercial" zone is in the interest ofthe public necessity and general welfare, and good city planning practice dictates and supports the proposed zone change, in that the change to the zoning district will provide a superior level ofplanning and protection to the quality and character of the area where the development is proposed.