CC - 08-22-95MINUTES OF THE REGULAR MEETING
ROSEMEAD CITY COUNCIL
AUGUST 22, 1995
The regular meeting of the Rosemead City Council was
Vasquez at 8:04 p.m. in the Council Chambers of the City Hall, iI
Rosemead, California.
The Pledge to the Flag was led by Councilmember Taylor
The Invocation was delivered by Pastor Dennis Alexander
Church
ROLL CALL OF OFFICERS:
Present: Councilmembers Bruesch, Imperial, Taylor,
Mayor Vasquez
Absent: None
A-P-PROV ED
CITY OF R SEMEAD
DATE 9 ~a
RY c
called to order by Mayor
1838 E. Valley Boulevard,
the Rosemead Nazarene
Pro Tern Clark, and
The following item from Closed Session was taken out of order in deference to those
in the audience.
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code 54957)
Robert Kress, City Attorney, stated for the record that pursuant to Government Code
Section 54957, he received a stipulation at 8:00 p.m. this evening requesting that this matter
be conducted in a closed session, contrary to communications received by Council earlier.
Councilmember Taylor requested for the record a state ent from the employee's
Counsel that his clients have requested this meeting to be held in a Closed Session.
n, Nowell Obiora, legal counsel, confirmed that he had discussed this issue with Mr. Kress
and have agreed to have this matter discussed in a closed session and should the Council
need to speak to his client or his parents, then that matter will be handled then.
Councilmember Taylor asked Mr. Obiora if there was any objection to recording the
closed session on a confidential basis, subject to review by the Ci uncil, with the tape to be
kept by the City Clerk.
Mr. Obiora responded that he had no objections.
The Council adjourned to a Closed Session at 8:10 p.m. purisuant to Government code
Section 54957 to discuss a personnel matter, and the meeting was reconvened at 8:45 p.m.
The Council met in Closed Session for the purposes stated by Counsel.
Mr. Kress stated that the Council reviewed the lines of a
the Recreation Department and provided policy guidelines to be f
other action was taken. Mr. Kress continued that the Council wa
of the audience and community that they have the utmost confi
participants in the recreation program and that the policy cha
program for all involved.
The following item from Matters for Discussion and
deference to those in the audience.
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Page #i1
ority within the City and
wed in the future and no
d to assure the members
ce in the employees and
s will only enhance the
was taken out of order in
B. REQUEST FOR FUNDING - ROSEMEAD YOUTH ASSOCIATION
MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER IMPERIAL
that the Council grant this request and authorize the expenditures from the appropriated
reserves. Before vote could result, more discussion ensued. Councilmember Taylor requested
copies of the Rosemead Youth Association budget from the past two years. Councilmember
Imperial stated that the RYA has an outstanding record and is an organization that works hard.
Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
PRESENTATIONS - None
1. ORAL COMMUNICATIONS FROM THE AUDIENCE
Eric Garcia, student, 3120 N. Isabel, Rosemead, stated that the Alhambra School
District is forcing 200 Rosemead and South San Gabriel students to attend San Gabriel High
School rather than Mark Keppel High School due to redistricting. Mr. Garcia explained that
no transportation will be provided for those students resulting in a forty-five minute walk to
and from school, whereas Mark Keppel is only five minutes away. Eric concluded that he had
qualified for the athletic programs at Mark Keppel and objects to this forced transfer of which
no prior notification was received from the school district.
Councilmember Bruesch polled Council asking if anyone had received any notification
from the school board regarding this redistricting.
The consensus was that no one had.
Councilmember Bruesch stated that this is about the fourth time that this has occurred
to students that live south of 110.
Councilmember Taylor requested staff to obtain the Minutes or Actions taken on this
redistricting and what boundaries have been established.
Councilmember Imperial requested that the Council go on record to pursue this matter
and notify the State Board of Education that students in this area have been treated unfairly.
Councilmember Bruesch agreed with Mr. Imperial and requested staff to obtain the
Minutes of the Alhambra School Board redistricting meetings and to develop letters urging that
transportation be provided to students in the Mark Keppel area.
Mayor Pro Tern Clark explained that Rosemead has a long history of fighting the
Alhambra School Board and that the Council supports Eric, especially in providing
transportation; and, to stress in the school board letter that not providing transportation after
redistricting is unacceptable.
Councilmember Taylor requested a copy of Eric's written denial of his request to
transfer from San Gabiel High School to Mark Keppel.
Anthony Jayme, 3120 N. Isabel, Rosemead, grandfather of Eric Garcia, agreed that the
redistricting is unfair and requested Council's support in having the students attend
neighborhood schools and to not endanger their safety by having them walk to San Gabriel
High School.
Holly Knapp, 8367 Whitmore, Rosemead, requested that the Alhambra School Board
letter include a section explaining that the students had already registered for classes at Mark
Keppel, were recruited for the band and athletic programs, and were enthusiastically looking
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forward to those programs, but with redistricting, they now have to forego their plans and
attend San Gabriel High School instead.
Juan Nunez, 2702 Del Mar Avenue, Rosemead, stated that he attended three
committee redistricting meetings of the Alhambra School Board, and pointed out to the Board
that they will encounter problems with sending students so far out of the area. Next, Mr.
Nunez expressed his concern about foul language used in his neighborhood.
APPROVAL OF MINUTES: JULY 25, 1995 - REGULAR MEETING
There being no objection, approval of these Minutes was deferred to the next regular
meeting to allow for various corrections.
Councilmember Bruesch inquired about requested information on Check no. 13616,
J.A. Blash and Check No. 13706, Freedom Fireworks.
Don Wagner, Assistant City Manager, responded that staff is still waiting for final
invoices.
APPROVAL OF MINUTES: AUGUST 8, 1995 - REGULAR MEETING
There being no objection, approval of these Minutes was deferred to the next regular
meeting to allow for various corrections.
Councilmember Bruesch inquired about the status of the memo on Check No. 13795
as requested previously, to Mariposa Horticultural for the extra landscaping.
II. PUBLIC HEARINGS
An explanation of the procedures for the conduct of public hearings was presented by
the City Attorney.
A. MUNICIPAL CODE AMENDMENT 95-02; AUTOMOTIVE RELATED USES, C-3
AND M-1 ZONES, CITYWIDE
Don Wagner, Assistant City Manager, presented the staff report.
The Mayor opened the Public Hearing for those in favor of the project.
There being no one wishing to speak, those in opposition were invited to speak.
There being no one wishing to speak, the public hearing was closed.
Councilmember Bruesch asked about a list of conditions that all C.U.P.s have.
Peter Lyons, Planning Director, explained that some C.U.P.s have specific development
conditions attached to them; however, in this case there are no specific development
standards for auto related uses and this item is mainly to control the locations and monitor
auto uses.
Councilmember Bruesch noted that one major problem is the dumping of fluids and
requested a condition to state that "All fluids be properly disposed of."
Mr. Lyons stated that a policy is in place but will ensure that appropriate drains and
oil receptacles will be installed.
Councilmember Bruesch requested that automotive brokerage offices and sales and
repair offices have a condition restricting hours of vehicle deliveries and a stipulation that auto
delivery trucks not block streets.
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i •
Mr. Lyons responded that prior to approving a C.U.P. staff will determine if there are
appropriate loading facilities on site or a plan restricting the loading trucks to certain hours and
to park in a non-obstructive way.
Mr. Kress suggested that this item should be dealt with as a checklist approach and
that the C.U.P. process applied in this Ordinance allows Planning staff to look at an individual
application and to make that proposed business fit into the neighborhood.
Councilmember Bruesch stated for the record that his previously mentioned items are
of a critical need now in dealing with auto related businesses and requested staff that those
two items be included in the checklist whenever there is a change in ownership or a new
business started.
Councilmember Taylor asked how many businesses would be affected by this
ordinance.
Mr. Lyons replied that current business are exempted until the business expands or
makes physical alterations.
Councilmember Taylor inquired about the hours of operation for these businesses.
Mr. Lyons responded that if an auto business is going to impact an area or specific
location then the hours of operation could be restricted.
Councilmember Taylor asked how the restricted hours of operation would affect an
existing business.
Mr. Lyons answered that an existing business is allowed to continue their hours of
operation as it is and will not be monitored until the business is expanded or sold.
Mr. Kress pointed out that "sell" or "sold" does not pertain to this ordinance and
quoted a portion of the draft ordinance... "shall be required to secure a conditional use permit
upon commencement of a new use or the intensification of an existing, legal non-conforming
use."
Councilmember Taylor questioned the meaning of "intensification" as it applies to this
ordinance.
Mr. Kress responded that "intensification" would apply to an application for a building
permit or another entitlement, and would not be applicable to changing hours of operation.
Councilmember Taylor stated that he cannot support this item because it incorporates
a wide range of businesses under a C.U.P. without setting specific standards and requested
documentation on the number of businesses involved. Mr. Taylor then asked that this item
be continued to the next meeting to enable Council to receive further information.
Councilmember Imperial questioned what effect this Ordinance would have on current
and future businesses, and added that he cannot put large business as the auto auction in the
same category as small auto repair shops. Mr. Imperial agreed to defer this item also until
potential problems are realized.
Councilmember Taylor referred to the section requiring auto repairs done in enclosed
buildings and stated that many business work on vehicles outside of their garages within a
parking area on their premises and asked if there is an exception to this. Mr. Taylor continued
that many small businesses cannot afford building an enclosed structure, and while he is in
agreement with cleaning up the junk areas, this ordinance is too broad as it encompasses
most automotive businesses.
Mr. Lyons responded that this ordinance is to prevent the location of new auto repair
uses in areas that are retail or of a more office type use.
The Mayor directed staff to research this matter further.
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The Mayor re-opened the public hearing.
There being no objection, the Mayor continued this item to the September 26, 1995,
Council meeting, 8:00 p.m., Council Chambers.
B. RESOLUTION NO. 95-34 - CERTIFICATION OF COMPLIANCE WITH THE LOS
ANGELES COUNTY CONGESTION MANAGEMENT PLAN
Mr. Wagner presented the staff report.
The Mayor opened the public hearing for those in favor of the plan.
There being no one wishing to speak, those in opposition were invited so speak.
There being no one wishing to speak, the public hearing was closed.
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER IMPERIAL
that the Council adopt Resolution No. 95-34. Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
III. LEGISLATIVE
A. RESOLUTION NO. 95-40 - CLAIMS & DEMANDS
The following resolution was presented to the Council for adoption:
RESOLUTION NO. 95-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $309,819.21
NUMBERED 13861 THROUGH 14011
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY MAYOR PROTEM CLARKthat
Resolution No. 95-40 be adopted. Before vote could result, more discussion ensued.
Councilmember Imperial requested information on Check No. 13970 to James Troyer and
questioned why a full-time staff person was hired to give tennis lessons rather then giving
that opportunity to a non-City employee. Mr. Wagner responded that when the question
arose previously, Council received Mr. Troyer's resume and application for this position and
that he went through the regular hiring procedures and explained that Mr. Troyer teachs on
Saturdays which does not interfer with his full-time position. Mr. Wagner stated that a
current chronology will be provided. Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
B. RESOLUTION NO. 95-41 - MAKING CERTAIN FINDINGS AND
DETERMINATIONS WITH RESPECTTO REDEVELOPMENT AGENCY PAYMENT
FOR THE 1995196 SLURRY SEAL PROJECT
The following resolution was presented to the Council for adoption:
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• •
. _ _ • 1'
RESOLUTION NO. 95-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD MAKING
CERTAIN FINDINGS AND,,- DETERMINATIONS WITH RESPECT TO
REDEVELOPMENT AGENCY-PAYMENT FOR THE FY 1995-96 SLURRY SEAL
PROJECT ON VARIOUS CITY STREETS
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY MAYOR PRO TEM CLARKthat
Resolution No. 95-41 be adopted. Vote resulted:
Yes: Clark, Vasquez, Bruesch
No: Taylor, Imperial
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
Councilmembers Taylor and Imperial stated for the record that they voted No as some
of the projects are too far out of the project area.
C. ORDINANCE NO. 757 - RELATING
JUVENILE LOITERING VIOLATIONS,
MUNICIPAL CODE - ADOPT
CITATIONS ISSUED TO JUVENILES,
AND AMENDING THE ROSEMEAD
The following Ordinance was presented to the Council for adoption:
ORDINANCE NO. 757
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA RELATING TO CITATIONS ISSUED TO JUVENILES, JUVENILE
LOITERING VIOLATIONS, AND AMENDING THE ROSEMEAD MUNICIPAL CODE
MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER IMPERIAL
that the Council adopt Ordinance No. 757. Vote resulted:
Yes: Clark, Taylor, Vasquez, Bruesch, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
D. ORDINANCE NO. 760 - APPROVING ZONE CHANGE NO. 95-199 - ADOPT
The following Ordinance was presented to the Council for adoption:
ORDINANCE NO. 760
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING ZONE
CHANGE 95-199, AMENDING ROSEMEAD ZONING MAP LAND USE
DESIGNATION FROM "R-3; MEDIUM MULTIPLE RESIDENTIAL" TO "PD;
PLANNED DEVELOPMENT", AND APPROVING PLANNED DEVELOPMENT 95-
01, FOR THE CONSTRUCTION OF ELEVEN (11) DETACHED SINGLE FAMILY
UNITS, FOR A 1.45 ACRE SITE LOCATED AT 7503-7527 HELLMAN AVENUE,
ROSEMEAD (APN: 5286-008-008 & 020, PLUS 5286-009-024, 027, & 028)
MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER BRUESCH
that the Council adopt Ordinance No. 760. Vote resulted:
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Yes:
Clark, Taylor
No:
Imperial
Absent:
None
Abstain:
None
0
Vasquez, Bruesch
The Mayor declared said motion duly carried and so ordered.
Councilmember Imperial stated for the record that his No vote reflects his concern that
the plot sizes are too small.
Councilmember Bruesch requested a copy of the CC & R's to ensure inclusion of the
condition stating that a family room cannot be converted into a bedroom.
IV. CONSENT CALENDAR
CC-A AUTHORIZATION TO REJECT CLAIM FILED AGAINST THE CITY BY ERNEST
ALDERETE
CC-13 AUTHORIZATION TO REJECT CLAIM FILED AGAINST THE CITY BY VICTOR
VALDOVINOS
CC-D REQUEST FOR CROSSING GUARD AND TRAFFIC SIGNAL AT NEW AVENUE
AND NEWMARK AVENUE
CC-F INSTALL TRAFFIC RESTRICTION SIGNS IN THE ALLEY SOUTH OF GARVEY
AVENUE BETWEEN LA PRESA AND BARTLETT AVENUES
CC-G CITY POLICY REGARDING CONTRACT RENEWALS
MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER BRUESCH
that the foregoing items on the Consent Calendar be approved. Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
Councilmember Taylor requested complete backup information on CC-B.
CC-C REQUEST FOR COST-OF-LIVING ADJUSTMENT - DAVE TRANSPORTATION
SERVICES, INC.
Juan Nunez, 2702 Del Mar Avenue, Rosemead, related that approximately one month
ago the Shopper Shuttle bus did not stop for his wife and grandson at Garvey and Del Mar;
the bus schedule timetable is not correct; and, the temporary white replacement van used was
not recognizable by the riders, which prompted him to call Dave Transportation to suggest
placing identifying signs on those vehicles.
Jeff Stewart, Executive Assistant, responded that he talked to Mr. Nunez and the
Supervisor at Dave Transportation last week and resolved this matter; the buses arrive within
minutes of the schedule; and, the white replacement bus had a "Rosemead Shuttle" sign on
the side of the window.
Councilmember Taylor asked what the complaint procedure is with Dave Transportation
and how is Council notified of any problems.
Mr. Stewart responded that the he receives complaints from the residents and has only
received two complaints this year, both from Mr. Nunez. Mr. Stewart continued that he
contacts Dave Transportation with any complaints and they respond with a call back to the
residents.
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;mow. ~ , .
MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER BRUESCH
that the Council approve a 2.3% cost-of-living adjustment for DAVE Transportation Services,
Inc., effective July 1, 1995. Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
CC-E REQUEST TO INSTALL TRAFFIC SIGNAL AT MISSION DRIVE AND ENCINITA
AVENUE
Robert Angles, 9147 Valley Boulevard, Rosemead, stated that a traffic signal installed
at Mission Drive and Encinita Avenue will cause major traffic problems and is not feasible.
Councilmember Taylor stated that those streets at noon are congested, the high school
students straggle across the, street blocking traffic, and approximately 15,500 cars pass
through there daily. Mr. Taylor continued that this congestion is a nuisance with seven
accidents reported, and that a timed signal would relieve that problem.
MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER BRUESCH
that the Council approve the installation of a traffic signal at the intersection of Mission Drive
and Encinita Avenue and that this item be placed on a capital improvement list to be budgeted
for in the 1996-97 fiscal year, pending available funding. Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
V. MATTERS FOR DISCUSSION AND ACTION
A. REQUEST FOR WAIVER OF OCCUPANCY PERMIT FEES FROM CLIFF
MARCUSSEN, OPTIONS, 3505 NORTH HART AVENUE
Mr. Wagner reported that Mr. Marcussen is out of town.
Councilmember Taylor asked what Options does in the City.
Mr. Wagner responded that Options subsidizes day care costs for welfare mothers at
Little People Preschool.
Councilmember Bruesch responded also that Options receives various grants, and
sometimes is the only provider of needed services to various groups of people.
Councilmember Taylor requested a copy of Options budget.
There being no objection, the Mayor deferred this item to the September 12, 1995,
Council meeting.
VI. STATUS REPORTS - None
VII. MATTERS FROM OFFICIALS
A. MAYOR PRO TEM CLARK
1. Confirmed for Mr. Rowland that the Council approved a 5% cost-of-living
increase for Evans Tree Service.
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2. Requested clarification on the status of the Library Assessment District
Proposal. Mr. Wagner responded that if the City wants to be included in the Library
Assessment District, action needs to taken by September 14, 1995. Mrs. Clark recommended
no action as the library will be open 5 days a week and the City is better off without the
assessment district.
3. Requested that staff prepare a position on the next agenda concerning the
Constitution Revision Commission which issued its final report. Ms. Clark stated that she had
given input at two public hearings and cited several examples of recommendations still in it
that she finds appaling. Mrs. Clark requested that the Council review this report and give
staff their input over the next two weeks to provide direction for preparation of a Resolution
to pass out when the Constitution Revision Committee meets for their public hearing on this
matter during the League Conference in October.
B. COUNCILMEMBER TAYLOR
1. Asked if any further information had been received regarding his previous
request for in-house depositions from SCJPIA. Mr. Wagner stated that he contacted both
SCJPIA and Mr. Fisher, the lead attorney. Mr. Taylor reminded staff that this is his fifth
request in four months and requested, again, a list of all depositions as he presently has
random depositions. Mr. Kress assured Mr. Taylor that through the offices of SCJPIA and Mr.
Fischer, any depositions taken and transcribed will be provided.
2. Stated that the same trash scavenger is driving around taking recyclables and
requested an update on citations issued within the past month.
3. Inquired about the status of the Handyman and Deferred Loan Program yearly
reports. Fred Stillion, CDBG Coordinator, responded that the 1995 report will be completed
next week.
4. Requested information on the status of the Finance Committee. Mr. Wagner
responded that information has been received from Joe and Anthony Gonsalves regarding
legislation affecting the committee and it will be distributed to Council. Mr. Taylor requested
that this item be placed on the next agenda.
VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE
Juan Nunez, 2702 Del Mar Avenue, Rosemead, spoke on the Constitution Revision
Committee and that they are making a lot of "noise".
X. ADJOURNMENT
There being no further action at this time, the meeting was adjourned at 10:20 p.m.
The next regular meeting will be held on September 12, 1995, at 8:00 p.m.
Respectfully submitted: APPROVED:
City Clerk
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APPROVED
CITY OF OS 11iEAD
MINUTES OF THE REGULAR MEETING DATE
ROSEMEAD CITY COUNCIL BY
AUGUST 8, 1995
The regular meeting of the Rosemead City Council was called to order by Mayor
Vasquez at 8:00 p.m. in the Council Chambers of the City Hall, 8838 E. Valley Boulevard,
Rosemead, California.
The Pledge to the Flag was led by Mayor Pro Tem Clark
The Invocation was delivered by Councilmember Bruesch
ROLL CALL OF OFFICERS:
Present: Councilmembers Bruesch
Mayor Vasquez
Absent: None
Imperial, Taylor, Mayor Pro Tem Clark, and
APPROVAL OF MINUTES: None
PRESENTATIONS: None
ORAL COMMUNICATIONS FROM THE AUDIENCE
Helen Romero Shaw, District Manager, Southern California Gas Company, 1600
Corporate Way, Monterey Park, announced that she is the new District Manager for Rosemead
and 10 other area cities.
Juan Nunez, 2702 Del Mar Avenue, Rosemead, asked if the Del Mar Avenue
Beautification Program will be starting soon.
Al Rodriguez, City Engineer, responded that the utility coordinators and representatives
from SCE were in that area last week surveying the undergrounding project.
Mr. Nunez asked about the City's membership in San Gabriel Valley Council of
Governments and stated that he was not in favor of cities joining together to establish a
broader tax base and added that this would not help the jobless situation or lack of revenue
in each city.
II. PUBLIC HEARINGS
An explanation of the procedures for the conduct of public hearings was presented by
the City Attorney.
A. PLANNED DEVELOPMENT 95-01 (GENERAL PLAN AMENDMENT 95-01, AND
ZONE CHANGE 95-199) - ELEVEN (11) DETACHED SINGLE FAMILY HOMES,
7503-7527 HELLMAN AVENUE
Frank Tripepi, City Manager, summarized the staff report.
The Mayor opened the Public Hearing for those in favor of the project.
Laura Wang, 5923 N. Oak Avenue, Temple City, developer of the project explained
that Ingleside Hospital has reduced their operations and has vacant offices on their property,
that majority of the surrounding neighborhood is medium to high residential, and this PD
project will beautify the area. Ms. Wang pointed out that this project will generate job
opportunities and increase revenue from various fees to the City. Ms. Wang stated further
that they were able to obtain a reasonable term construction loan from investors, but need
to begin this project as soon as possible for fear of losing their loan.
Arthur Mastro, 7439 Hellman Avenue, Rosemead, stated that he owns the property west of
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Arthur Mastro, 7439 Hellman Avenue, Rosemead, stated that he owns the property west of
the Planned Development and the vacant Ingleside property is run down with weeds gowing
through the blacktop and transients living in the buildings. Mr. Mastro continued that the
developers have cleaned the property and added that this is a good investment for the City,
the developers, and the neighborhood.
At this time, those in opposition were invited to speak.
John Rauth, 4528 Bartlett, Rosemead, stated his appreciation that this project is
moving away from 4500 square foot lot sizes but is concerned with the narrow 26' entry into
this project and other projects regarding emergency vehicle accessibility.
Robert Angles, 9147 Valley Boulevard, Rosemead, stated that this development is high
density with small backyards leaving little playing area for children. Mr. Angles stated further
that this development would cause overcrowding.
Councilmember Taylor pointed out that the backyards are 20'.
Chi-An Wang, 5923 N. Oak Avenue, Temple City, speaking in rebuttal stated that they
have considered all factors upon designing this development and that this project will benefit
and improve the neighborhood.
There being no one else wishing to speak, the public hearing was closed.
Councilmember Bruesch requested that the listing of lot sizes be included with their
packets in the future. Mr. Bruesch questioned the grade difference between the two
properties on the northeast corner.
Peter Lyons, Planning Director, responded that the properties have been graded to drain
south toward Hellman Avenue. Mr. Lyons explained that the very northeast corner is being
filled to allow the water to drain into a grate prior to reaching the sidewalk.
Councilmember Bruesch inquired if the garages could be expanded to 3-car garages as
the homes are four bedrooms plus a family room.
Mr. Lyons responded that in R-1 and R-2 zones, the requirement for 5-bedrooms with
over 2,000 square feet is 3 garage spaces and a large rear yard setback. Mr. Lyons continued
that this development has four bedrooms, a family room, and is under 2000 square feet. Mr.
Lyons explained that the plans could not be changed to 3 car garages without impacting the
current design, but each unit will have a turf block guest parking space.
Councilmember Bruesch then asked if a condition could be included in the Covenants,
Conditions and Restriction (CC&R's) stating that the family room cannot be converted into a
bedroom.
Robert Kress, City Attorney, explained that such a condition could be included but
would be difficult to enforce.
Councilmember Bruesch requested that the condition stating such be included in the
Conditions of Approval, No. 47 d.
as is.
Councilmember Imperial stated that this is not enforceable and to approve the project
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER TAYLOR
that the Council approve amending the Conditions of Approval to add under #47, item d. that
a family room cannot be converted into a bedroom. Vote resulted:
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Q
Yes:
Clark, Taylor, Vasquez, Bruesch
No:
Imperial
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
Councilmember Taylor stated that by including this clause in the Conditions of
Approval, it would be a forewarning to the homeowner that there is a restriction in place.
Councilmember Imperial requested a legal opinion in writing from the City Attorney as
to the enforceability of this clause.
Councilmember Taylor stated that his major concern is with the one existing home to
the north that will face a 15' high wall from their backyard and is that homeowner aware of
this situation.
Mr. Lyons explained that the natural topography of the hill peaks at that corner.
Councilmember Taylor stated that he favors the project as is, but is concerned that the
one homeowner will feel victimized and is there any way to soften that wall through
landscaping. Mr. Taylor asked Mr. Wang about the possibility of constructing a retaining wall
between Lot 1 and 2 and have it step down 4' to 5' sloping to the backyard.
Mr. Wang explained that the owner of the adjacent property has put in extensive
landscaping over the existing 10' high chainlink fence. Mr. Wang stated that he explained to
the neighbor north of Lot 1 that the chainlink fence will be replaced with a 5' block wall with
5' of wrought iron fencing on top of it and the neighbor is now in favor of the project.
Councilmember Imperial stated that he is still concerned over the elevation difference.
Mr. Imperial verified that the driveway into the project is two lanes and discussed the parking
problems in the City where three families move into one house leaving no room for parking
on their property thereby parking their cars on the street.
Councilmember Taylor inquired that if the parking situation at this development became
abusive, could this area be posted for restricted parking.
Mr. Tripepi suggested that should this occur, then a meeting with the affected
homeowners could be arranged to explain that they will be temporarily inconvenienced until
the situation is resolved.
Mr. Lyons explained that each home will have two spaces in the garage, two spaces
in the driveway, and one turf block guest parking area for a total of 5 spaces.
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER TAYLOR
that the Council adopt Resolution No. 95-36, and approve PD 95-01. Before vote could
result, more discussion ensued. Mayor Pro Tern Clark noted that the that the access road will
be posted as a "Fire Lane" with no parking allowed. Mrs. Clark request clarification on the
turf block guest parking space. Mr. Lyons responded that the PD allows for some
modifications, which in this case allows parking spaces of bricks with grass growing between
them. Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch
No:
Imperial
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
Councilmember Imperial stated for the record that his No vote reflects his concerns
over the 15' wall and overcrowded parking conditions.
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A2. ORDINANCE NO. 760 - APPROVING ZONE CHANGE 95-199 - INTRODUCE
MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER BRUESCH
that the Council introduce Ordinance No. 760. Vote resulted:
Yes: Clark, Taylor, Vasquez, Bruesch, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
Councilmember Bruesch requested that staff monitor the parking situation at the
development.
B. PUBLIC HEARING - RESOLUTION NO. 95-39 ESTABLISHING A SERVICE
CHARGE FOR THE RELEASE OF IMPOUNDED VEHICLES
Mr. Tripepi presented the staff report.
The Mayor opened the Public Hearing for comments from the audience.
There being no one wishing to speak, the Public Hearing was closed.
Councilmember Taylor stated that he favored the impounding fee but questioned what
the daily rate for impounding is and where are the cars stored.
Mr. Tripepi responded that the vehicles will be stored at Freddie Mac's yard and a daily
fee is charged regardless of implementing an impound fee.
Councilmember Taylor expressed concern over daily storage fees accumulating quickly
especially when a vehicle cannot be reclaimed for days due to lack of registration.
MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER BRUESCH
that the Council adopt Resolution No. 95-39 establishing a recovery fee of $65.00 for
impounded automobiles. Vote resulted:
Yes: Clark, Taylor, Vasquez, Bruesch, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
Councilmember Imperial requested a memorandum from the City Manager on the usage
of the impound fees and monthly updates.
III. LEGISLATIVE
A. RESOLUTION NO. 95-32 - CLAIMS & DEMANDS
The following resolution was presented to the Council for adoption:
RESOLUTION NO. 95-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $632,609.15
NUMBERED 13719 THROUGH 13859.
MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER BRUESCH
that Resolution No. 95-32 be adopted. Vote resulted:
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Yes:
Clark, Taylor, Vasquez, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
Councilmember Bruesch requested a memo for check No. 13795, 5922.26 to Mariposa
Horticultural explaining what the extra landscape maintenance was for.
B. RESOLUTION NO. 95-33 - APPROVAL OF PROGRAM SUPPLEMENT NO. 006
TO STATE-LOCAL ENTITY MASTER AGREEMENT NO. SLTPP-5358, ASPHALT
CONCRETE OVERLAY ON VARIOUS CITY STREETS
The following Resolution was presented to the Council for adoption:
RESOLUTION NO. 95-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
APPROVING PROGRAM SUPPLEMENT NO.006 WITH THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE 1994/95
ASPHALT CONCRETE OVERLAY PROJECT
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER IMPERIAL
that the Council approve Resolution No. 95-36. Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered
C. RESOLUTION NO. 95-35 - MAKING CERTAIN FINDINGS AND
DETERMINATIONS WITH RESPECTTO REDEVELOPMENT AGENCY PAYMENT
FOR 1995/96 ASPHALT OVERLAY PROJECT
The following Resolution was presented to the Council for adoption:
RESOLUTION NO. 95-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD MAKING
CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO
REDEVELOPMENT AGENCY PAYMENT FOR THE FY 1995-96 STREET
LIGHTING IMPROVEMENTS AND ASPHALT CONCRETE OVERLAY ON
VARIOUS CITY STREETS
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER CLARK that
the Council adopt Resolution No. 95-35. Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
D. RESOLUTION NO. 95-38 - CONSENTING TO THE TRANSFER AND
ASSIGNMENT OFTHE CABLETELEVISION FRANCHISE FROM CENCOM CABLE
TELEVISION, INC. TO CHARTER COMMUNICATIONS ENTERTAINMENT Il, L.P.
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The following Resolution was presented to the Council for adoption:
RESOLUTION NO. 95-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
CONSENTING TO THE TRANSFER AND ASSIGNMENT OF THE CABLE
TELEVISION FRANCHISE FROM CENCOM CABLE TELEVISION, INC. TO
CHARTER COMMUNICATIONS ENTERTAINMENT 11, L.P.
Juan Nunez, 2702 Del Mar Avenue, Rosemead, asked what types of customer
complaints does the cable company receive.
Mr. Tripepi responded that complaints would be about billing, interrupted service, etc.
Councilmember Bruesch directed his question to Mr. Matthews representing Charter
Communications and asked if the frequent change in ownership is due to the low
coverage/penetration in the Alhambra region, of which Rosemead is part of.
Mel Matthews, Regional Director of Government Relations with Charter
Communications, agreed that the Los Angeles area is lower in percentage penetration due to
many off-air signals and good reception which restricts their maximum potential penetration,
but that they will continue to add new services to create a demand.
Councilmember Bruesch indicated that one problem is lack of coverage and response
to local events from the cable company. Mr. Bruesch stressed further that many requests
from him and staff have failed to elicit any responses and pointed out that the cable company
needs to commit to providing better coverage.
Mr. Matthews assured the Council that upon receiving written notification of high
profile events in the City, he will do his utmost to provide coverage.
Councilmember Bruesch expressed his frustration with this same reoccuring problem
through the years and in dealing with the constantly changing personnel.
MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER CLARK that
Resolution No. 95-38 be adopted. Vote resulted:
Yes: Clark, Taylor, Vasquez, Bruesch, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
Councilmember Imperial stated for the record his dissatisfaction and disappointment
with the previous cable companies in Rosemead and that his Yes vote reflects his hope that
Charter Cable will improve a bad situation with better representation of events.
E. ORDINANCE NO. 758 - WATER QUALITY ORDINANCE REQUIRED FOR
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
IMPLEMENTATION AGREEMENT COMPLIANCE - ADOPT
The following Ordinance was introduced to the Council for adoption:
AN ORDINANCE OF' THE CITY OF ROSEMEAD, CALIFORNIA, ADDING
CHAPTER 7 TO ARTICLE 5, SANITATION AND HEALTH, OF THE ROSEMEAD
MUNICIPAL CODE, IMPLEMENTING A STORM WATER MANAGEMENT
PROGRAM PURSUANT TO THE NATIONAL POLLUTION DISCHARGE
ELIMINATION SYSTEM PERMITS PROGRAM
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MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER IMPERIAL
that Ordinance No. 758 be adopted. Vote resulted:
Yes: Clark, Taylor, Vasquez, Bruesch, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly ordered and so ordered.
Mayor Pro Tern Clark stated for the record that her Yes vote indicates that
implementing this program is a requirement and a cost savings to the City. However, Mrs.
Clark stated further that she submitted a letter to the Republican administration requesting a
re-working of relief from some of the ludicrous provisions of this program.
Councilmember Taylor agreed with Mayor Pro Tem Clark.
IV. CONSENT CALENDAR
CC-A AUTHORIZATION TO ATTEND NATIONAL LEAGUE OF CITIES 72ND ANNUAL
CONGRESS OF CITIES AND EXPOSITION, NOVEMBER 28-DECEMBER 2, 1995,
PHOENIX, ARIZONA
CC-B AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES 97TH ANNUAL
CONFERENCE, OCTOBER 22-24, 1995, SAN FRANCISCO
CC-E ACCEPTANCE OF GRANT DEED FOR STREET PURPOSED - 5009 WALNUT
GROVE AVENUE
MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER BRUESCH
that the foregoing items on the Consent Calendar be approved. Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
CC-C AUTHORIZATION TO APPLY FOR SAFE NEIGHBORHOOD PARK GRANT
Councilmember Bruesch asked if AYSO uses the proposed picnic shelter area at night
for practice.
Michael Burbank, Director of Parks and Recreation responded that Ayso practices on
the west side of the fence.
Councilmember Bruesch suggested notifying AYSO of the project to enable them to
adjust their schedules accordingly.
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCIL TAYLOR that the
Council approve Resolution No. 95-37, the filing of the Grant Application, appropriate
$350,000 from the City's Unappropriated Reserve and authorize the Mayor to execute the
Agreement with the Architect. Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
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CC-D EXTENSION OF AGREEMENT - STREET TREE MAINTENANCE
Councilmember Taylor addressed the fact that there may be a policy in place whereby
a City contractor can increase their fee by only a certain percent and if the amount is above
that percent, then the City will have to go out to bid. Mr. Taylor suggested that the
contractor receive a 5% increase for this year rather than the 10% requested.
Mr. Tripepi requested a deferral of this item to enable staff to research this policy issue
further.
There being no objections, the Mayor deferred this item.
V. MATTERS FOR DISCUSSION AND ACTION - None
VI. STATUS REPORTS
A. REQUEST FOR WAIVER OF OCCUPANCY PERMIT FEES FROM CLIFF
MARCUSSEN, DBA OPTIONS, 3505 N. HART AVENUE, #230
No action required on this item.
VII. MATTERS FROM OFFICIALS
A. COUNCILMEMBER IMPERIAL
1 . Requested that tonight's meeting be adjourned in memory of former Traffic
Commission Eldon Beezley who passed away last week.
B. COUNCILMEMBER BRUESCH
1. Requested more Sheriff's traffic enforcement on Walnut Grove near San Gabriel
Boulevard as people are speeding down the hill. Mr. Tripepi reported that the Sheriff's are
aware of the situation and have responded with radar enforcement and issuing of more
citations.
C. COUNCILMEMBER TAYLOR
1. Requested information on SCJPIA in-house deposition request. Mr. Tripepi
responded that a phone call had been placed.
VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE
Juan Nunez, 2702 Del Mar Avenue, Rosemead, discussed the PD project approved
earlier, remarking that the northern corner could be cut to have the water drain toward the
street.
IX. ADJOURNMENT
There being no further action at this time, the meeting was adjourned at 9:32 p.m. in
memory of former Traffic Commissioner Eldon Beezley, who passed away last week. The
next regular meeting will be held on August 22, 1995 at 8:00 p.m.
Respectfully submitted: APPROVED:
City Clerk
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