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CC - Agenda 09-09-08Public Comment from the Audiencl' • 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 governing 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. Any writings or documents provided to a majority of the Rosemead City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office during normal business hours. • Rosemead City Council AGENDA September 9, 2008 7:00 PM City Hall Council Chamber 8838 E. Valley Blvd., Rosemead, California 91770 John Tran, Mayor John Nunez, Mayor Pro Tern Margaret Clark, Councilmember Polly Low, Councilmember Gary Taylor, Councilmember 0 • ROSEMEAD CITY COUNCIL AGENDA September 9, 2008 • CALL TO ORDER - 7:00 PM • PLEDGE OF ALLEGIANCE - Council Member Clark • INVOCATION - Council Member Low • ROLL CALL -Council Members Clark, Low, Taylor, Mayor Pro Tern Nunez, Mayor Tran 1. PUBLIC COMMENT FROM THE AUDIENCE 2. PRESENTATIONS A. Plaque of Recognition to Deputy Bob Chivas for his 7 years on the Rosemead Special Assignment Team B. Certificates of Congratulations presented to Sergeant Mark Wright C. Presentation by Rosemead Youth Association 3. CONSENT CALENDAR A. Minutes August 26, 2008 - Special Meeting B. Resolution No. 2008-62 Claims and Demands Recommendation: Adopt Resolution No. 2008-62, for payment of City expenditures in the amount of $1,246,097.95 numbered 59739 through 59797 and 63620 through 63740. 4. MATTERS FROM CITY MANAGER & STAFF A. Rosemead Boulevard Relinquishment On December 11, 2007, the City Council directed staff to look further into the possible relinquishment of State Route 19 (Rosemead Boulevard) within city limits. In addition, the City Council approved a capital project in the City's Fiscal Year 2009 budget to help with the process, including updating a roadway condition assessment prepared in 2005 and possibly engaging an outside consultant to help assist in negotiations with the California Department of Transportation (Caltrans). As part of the City Council's direction, staff has prepared a resolution that will authorize the City Manager to proceed with the relinquishment process and engage Caltrans in negotiations related to the process. Page 2 of 5 ROSEMEAD CITY COUNCIL ARNDA Recommendation: That the City Council: 0 September 9, 2008 Approve Resolution No. 2008-63, authorizing the City Manager or designee, to ask our State Legislators to introduce legislation that proposes the relinquishment of State Route 19 in the City of Rosemead city limits. Designate the City Manager, or designee, as the authorized representative to act as the City's representative in all negotiations related to the relinquishment of Rosemead Boulevard. 3. Authorize staff to solicit proposals to update the Rosemead Boulevard Condition assessment study prepared in 2005. B. Request for an Entertainment & Dance License for VIP Restaurant located at 8772 Valley Boulevard Angel Liu has submitted a request for an Entertainment and Dance license for the VIP Restaurant located at 8772 Valley Blvd.(see Attachment A). This establishment is an existing full service restaurant serving lunch, dinner and alcoholic beverages. The owner wishes to provide dancing and entertainment for customers, occasional weddings, and corporate events. The restaurant currently has a parquet wood dance floor, along with a stage, speakers and audio equipment in the banquet room. On October 3, 2005, the Planning Commission approved Conditional Use Permit (CUP) 05-1021 and associated Resolution 05-47, which approved the on-site sale of sell beer & wine on the subject property (see Attachment B). However, on October 12, 2005, an appeal was filed by Mayor Jay T. Imperial, and the CUP went before the City Council on two occasions. The appeal was first scheduled to be heard at the November 22, 2005 City Council meeting, but was continued at the applicant's request (see Attachment C). The item was subsequently heard at the December 27, 2005 City Council meeting, where the appeal was denied and the CUP was approved by adoption of Resolution No. 2005-41 (see Attachments D & E). On September 15, 2008, the Planning Commission will review a separate request by the applicant to expand the hours of operation by two hours, which if granted, will permit the business to remain open until 1 a.m. as opposed to the current closing time of 11 p.m. To date, staff has not received any negative remarks or complaints regarding the existing restaurant from the Alcoholic Beverage Control (ABC) or from the Los Angeles County Sherriff's Department. Recommendation: That the City Council approve the Entertainment and Dancing License request, subject to the previously approved conditions in CUP 05-1021. Page 3 of 5 • • ROSEMEAD CITY COUNCIL AGENDA September 9, 2008 5. MATTERS FROM MAYOR & CITY COUNCIL A. Rosemead School District Bond Measure 0 Recently, Rosemead School Board Member Dennis McDonald submitted a request that the Rosemead City Council consider supporting the Rosemead School District's Bond Measure 0, which is slated to be considered by the voters this coming November. Bond Measure 0 seeks to issue $30 million in bonds for classroom modernization efforts. Recommendation: That the City Council provide direction regarding this matter, B. Murder Reward Information At the August 26, 2008 City Council meeting, Council Member Taylor requested that an item be agendized related to the status of the rewards for the arrest and conviction of any person or persons responsible for two murders in the City of Rosemead. Since then, staff has been working with the Los Angeles County Sheriffs Department to formulate a plan for distribution of the reward information material. Based upon these discussions, the Sheriffs Department has offered to have cadets distribute the material to residents and businesses located within 300 feet of each incident. In turn, staff would recommend to the City Council that the City pay for all costs associated with copying of the informational handouts. The cost for duplication would be minimal. Distribution of the material is scheduled for September 17, 2008 unless otherwise directed by the City Council. Recommendation: That the City Council approve the distribution plan for the reward information. C. Cal Poultry Proposed Renovation Council Member Taylor has requested that the Cal Poultry proposed renovation be agendized for discussion by the City Council. On May 15, 2008, staff advised the City Council in closed session, that Mr. Quan Phu (owner of Cal Poultry located at 8942 Garvey Avenue) was requesting that he be able to renovate his facility to incorporate a more robust air filtration system to help alleviate any potential odors generated by the use. During that closed session meeting, the City Council provided staff with direction related to processing his project. Given that direction, Mr. Phu has recently submitted an application for a municipal code amendment that would allow for live poultry slaughtering and related retail sales in a light manufacturing (M-1) zone. Staff is currently processing this application and will be scheduling it for the Planning Commission's and ultimately the City Council's consideration in October. Page 4 of 5 • ROSEMEAD CITY COUNCIL A41NDA September 9, 2008 Recommendation: That the City Council provide direction as it relates to the future processing of the Cal Poultry proposed renovation 6. 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: Randy Haro and Robert Ballin v. City of Rosemead 7. ADJOURNMENT The next regular City Council meeting is scheduled to take place on September 23, 2008 at 7:00 p.m. Page 5 of 5 0 0