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CC - 12-13-94APPROVED MINUTES OF THE REGULAR MEETING CITY OF RO: EM AD ROSEMEAD CITY COUNCIL DATT, o? DECEMBER 13, 1994: }1Y The regular meeting of the Rosemead City Council was called to order by Mayor Bruesch at 8:05 p.m. in the Council Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Councilmember Imperial The Invocation was delivered by Mayor Bruesch ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Imperial, Vasquez, Mayor Pro Tern Taylor, and Mayor Bruesch Absent: None APPROVAL OF MINUTES: OCTOBER 4, 1994 - ADJOURNED MEETING (TOWN HALL) MOTION BY COUNCILMEMBER IMPERIAL, SECOND BY COUNCILMEMBER VASQUEZ, that the Minutes of the Adjourned Meeting of October 4, 1994, be approved as submitted. Vote resulted: Yes: Clark, Bruesch, Vasquez, Imperial No: None Absent: None Abstain: Taylor The Mayor declared said motion duly carried and so ordered. APPROVAL OF MINUTES: NOVEMBER 15, 1994 - ADJOURNED MEETING MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILMEMBER VASQUEZ that the Minutes of the Adjourned Meeting of November 15, 1994, be approved as amended and corrected. Vote resulted: Yes: Clark, Taylor, Bruesch, Vasquez, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. APPROVAL OF MINUTES: NOVEMBER 22, 1994 - REGULAR MEETING MOTION BY COUNCILMEMBER VASQUEZ, SECOND BY COUNCILMEMBER IMPERIAL that the Minutes of the Regular Meeting of November 22, 1994, be approved as corrected. Vote resulted: Yes: Clark, Taylor, Bruesch, Vasquez, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. PRESENTATIONS: - None CC 12-20-94 Page #1 ORAL COMMUNICATIONS FROM THE AUDIENCE Robert Chang, 20445 Holcroft Drive, Walnut, requested a rehearing of his case at 8814 Fern Avenue at the next Rehab Appeals Board Meeting. The Board heard his case at the November 22, 1994 meeting and found the property substandard and ordered all substandard conditions removed and/or corrected by January 3, 1995. Mr. Chang stated prior problems' with garage permits and on-going concerns with the eviction of his tenants is preventing him from correcting any work by January 3, 1995. Mayor Bruesch responded that his case would be on the January 24, 1995, Rehab Appeals Board Meeting. After discussion, it was decided that between now and the next Rehab Meeting, Mr. Chang would do exterior repairs and meet with staff at that property to ascertain if there are any safety defects. Anson Kwan, 3141 Bartlett Avenue, Rosemead, questioned the necessity of posting a $3500 bond, pending removal of the kitchen facilities from the guest house on this property and asked why he could not get a final approval prior to removing the facilities. Councilmember Clark stated that when Mr. Kwan applied for a building permit, he agreed to take the kitchen facilities out of the accessory building upon completion of the house. Now, Mr. Kwan is asking to move into the completed house and wants final approval without removing the kitchen. Ms. Clark stated further that Mr. Kwan had agreed to convert the back house into a guest house, but requested, in the meantime, to live in that house with kitchen facilities during construction and that he would post a bond. Ms. Clark stated that the purpose of the bond was to ensure the City and the residents that Mr. Kwan would comply with his agreement. If not, then the City would have to remove the kitchen using the bond proceeds. Frank Tripepi, City Manager, responded that prior to receiving final approval, Mr. Kwan agreed to remove the kitchen facilities and that posting a bond is normal procedure. Councilmember Imperial stressed that posting a bond is a gesture of "good faith" and that Mr. Kwan is being treated fairly and equally. Mayor Pro Tern Taylor stated that instead of buying a bond, Mr. Kwan could give the City a security deposit for $3500. Mr. Tripepi explained that upon receipt of a security deposit of $3500, the City will issue a final approval and his deposit will be returned when he removes the kitchen facilities. Mr. Tripepi asked Mr. Kwan to meet with staff tomorrow to review what needs to be removed. John Rauth, 4528 Bartlett Avenue, Rosemead, asked whether any of Rosemead's reserve funds were involved in any of Orange County's investments. Mr. Rauth was assured that City funds were not involved. Il. PUBLIC HEARINGS An explanation of the procedures for the conduct of public hearings was presented by the City Attorney. A. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION DENYING A REQUEST FROM DOLLY LEONG TO MODIFY A PREVIOUSLY APPROVED TENTATIVE TRACT MAP 51544 AND PLANNED DEVELOPMENT BY ADDING TWO HUNDRED (200) SQUARE FEET OF FLOOR AREA TO UNITS 8 AND 9 AT 8445-8463 MISSION DRIVE, ROSEMEAD CC 12-20-94 Page fit • Mr. Tripepi summarized the staff report, noting that Ms. Leong's request for extra floor space to create an extra room may cause problems in the future as the room could be converted into a 5th bedroom which would change the side setback requirements and Floor Area Ratio. The recommendation is to deny the modification and to uphold the Planning Commission's denial and that the applicant adhere to the original plans. The Mayor opened the Public Hearing for those in favor of the appeal. A. Darrell M. Flanery, 138 N. San Gabriel Boulevard, San Gabriel, a planning consultant and realtor, gave a history of the property. Mr. Flanery explained that Mrs. Leong originally planned to install the water heater on the second floor but became concerned with problems of plumbing and potential leaking and decided to move the water heater downstairs. As a result, the living room area had to be smaller, causing various problems with furniture placement as the room has two doors, windows, a stair landing, fireplace and entry doors. This created a need for a sitting room or recreation type room which would be possible by raising the vaulted ceilings to 18' and putting in a second floor and increasing the floor area by 200 square feet. This would result in changing the side yard setback requirements and a 3% increase in bulk. Mr. Flanery cited that Ms. Leong had submitted signed petitions from the neighbors who are agreeable to the change and are supportive of this project and hoped the Council would consider the modification request favorably. B. Lawrence W. Speight, 9101 Slauson Avenue, Pico Rivera, submitted two "Statements of Non-Objection" from the adjacent property owners and a synopsis of his presentation tonight. Mr. Speight referred to his copy of the 300' radius map and the properties colored indicate that people support this request or a non-objection to it and is a 64% positive affirmation. Mr. Speight explained that Ms. Leong is not asking for a deviation from the original plan but a modification of the encroachment into the side yard and for consistency in previous stated policies in reviewing other projects as well as what is permitted in the City's Ordinance. C. Doris L. Maris, 4716 N. Earle Avenue, Rosemead, expressed her and her husband's favor of the project. D. Betty Rauth, 4528 Bartlett Avenue, Rosemead, spoke in favor of the modification as it will not change the architectural plan of the project and will enhance the neighborhood. E. John Rauth, 4528 Bartlett Avenue, Rosemead, spoke in favor of the modification as enhancing the project and the neighborhood. F. Juan Nunez, 2702 Del Mar, Rosemead, stated that the modifications would enhance the project. At this time, those in opposition were invited to speak. There being no one else wishing to speak, the public hearing was closed. Mayor Bruesch explained the value of a planned development zone as a valuable tool to oversee project designs. Mr. Bruesch also addressed the Floor Area Ratio instituted in Rosemead to prevent oversize houses on small lots and the issue of five bedroom houses. Mayor Bruesch stated an extra room, in today's market, will likely be used as a bedroom. The City added a clause requiring a 5th bedroom to have a three-car garage. Mr. Bruesch stated further that the cathedral ceiling room modification will increase the density of that project. Further, many cities do not permit cathedral ceilings because of that possibility. Mr. Bruesch stated that the P.D. Zone of Ms. Leong's project has resulted in a fine development, but the City Council has to remain consistent in that the loft has to be considered another bedroom, which would require a three-car garage, increase the bulk and FAR, and that he cannot be in favor of this. CC 12-20-94 Page #3 0 • Councilmember Margaret Clark agreed that an extra room can be easily converted into a bedroom. Ms. Clark expressed her concern that while Ms. Leong may not have any intention of converting the room into a bedroom, in the future someone may, and it is the job of the Council to protect the residents. Parking has become a problem, henceforth, the stipulation was added to have a 3 car garage if the house has 5 bedrooms. Ms. Clark stated further that the Planned Development Ordinance is a good tool but is sometimes open to abuse, and she is not in favor of the modification. She also noted that many of the residents not opposed to the addition were simply anxious for the project to be completed. Councilmember Vasquez stated that while the project is nicely designed, it is very feasible that a room such as that proposed can be changed into a 5th bedroom and stressed the necessity of remaining consistent in these situations. Councilmember Imperial stated that he is not in favor of this modification as there are not enough parking areas, especially if families have four cars. Mr. Speight stated in rebuttal that this application involves three houses with lofts and the discussion tonight was never part of the original consideration, nor was the addition of a 5th bedroom in any of those units. Mr. Speight stated further that the basis of this request is consistency with the entire project. Mayor Pro Tem Taylor commented that whether or not the rooms become bedrooms, specific guidelines have to be followed. A Planned Development Zone does not disregard policy, ordinances, FAR, and setbacks as assumed by some developers. Mr. Taylor stated further that this is the approved project and changes such as this should have been included in the original application. MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILMEMBER IMPERIAL that the Council deny Modification No. 94-7, and that the applicant be required to adhere to the original plans as approved by the Planning Commission on March 1, 1993. Vote resulted: Yes: Clark, Taylor, Bruesch, Vasquez, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. A five minute recess was called at 9:40 p.m. and the meeting was reconvened accordingly. III. LEGISLATIVE A. RESOLUTION NO. 94-60 - CLAIMS & DEMANDS The following resolution was presented to the Council for adoption: RESOLUTION NO. 94-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $762,559.58 NUMBERED 11437 THROUGH 11615 Mayor Pro Tem Taylor asked for clarification of Check No. 11512 in the amount of $555.11, for "No Trespassing" signs. Michael Burbank, Director of Parks and Recreation, responded that these metal signs were posted at the property on Garvey that was being demolished and the signs are reusable. CC 12-20-94 Page #4 • Mayor Pro Tern Taylor questioned Check No. 11513 for $411.97, Eastman Kodak and Check No. 11557 for $464.62, Oce, and requested a copy of the invoices and the yearly cost. MOTION BY COUNCILMEMBER IMPERIAL, SECOND BY COUNCILMEMBER VASQUEZ that Resolution No. 94-60 be adopted. Vote resulted: Yes: Clark, Taylor No: None Absent: None Abstain: None Bruesch, Vasquez, Imperial The Mayor declared said motion duly carried and so ordered. B. RESOLUTION NO. 94-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO REDEVELOPMENT AGENCY PAYMENT FOR THE PAVEMENT MANAGEMENT SYSTEM UPDATE The following resolution was presented to the Council for adoption: RESOLUTION NO. 94-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO REDEVELOPMENT AGENCY PAYMENT FOR THE PAVEMENT MANAGEMENT SYSTEM UPDATE MOTION BY COUNCILMEMBER IMPERIAL, SECOND BY MAYOR PRO TEM TAYLOR that Resolution No. 94-61 be adopted. Vote resulted: Yes: Clark, Taylor, Bruesch, Vasquez, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. C. ORDINANCE NO. 751 - ADOPTING A STANDARDIZED CONFLICT OF INTEREST CODE FOR THE CITY OF ROSEMEAD, THE ROSEMEAD REDEVELOPMENT AGENCY AND THE ROSEMEAD HOUSING CORPORATION - INTRODUCE The following ordinance was presented to the Council for introduction. ORDINANCE NO. 751 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING A STANDARDIZED CONFLICT OF INTEREST CODE FOR THE CITY OF ROSEMEAD, THE ROSEMEAD REDEVELOPMENT AGENCY AND THE ROSEMEAD HOUSING DEVELOPMENT CORPORATION MOTION BY COUNCILMEMBER VASQUEZ, SECOND BY COUNCILMEMBER CLARK that Ordinance No. 751 be introduced on its first reading and that reading in full be waived. Vote resulted: Yes: Clark, Taylor, Bruesch, Vasquez, Imperial No: None Absent: None Abstain: None. CC 12-20-94 Page #5 • • The Mayor declared said motion duly carried and so ordered. D. ORDINANCE NO. 752 - AMENDING PART 6 OF THE REDEVELOPMENT PLAN FOR PROJECT AREA NUMBER 1 IN ACCORDANCE WITH SECTION 33333.6(e) OF THE COMMUNITY REDEVELOPMENT LAW - INTRODUCE The following ordinance was presented to the Council for adoption. ORDINANCE NO. 752 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING PART 6 OF THE REDEVELOPMENT PLAN FOR PROJECT AREA NUMBER 1 IN ACCORDANCE WITH SECTION 33333.6(e) OF THE COMMUNITY REDEVELOPMENT LAW Mayor Pro Tern Taylor requested that this item be deferred to the Adjourned Meeting on December 20, 1994. IV. CONSENT CALENDAR (CC-C, CC-F, CC-H, AND CC-1 REMOVED FOR DISCUSSION) , CC-A AUTHORIZATION TO ATTEND ANNUAL CONTRACT CITIES SACRAMENTO LEGISLATIVE ORIENTATION TOUR, JANUARY 10-12, 1995 CC-B COOPERATIVE AGREEMENT BETWEEN THE AGENCY AND THE CITY FOR THE PAVEMENT MANAGEMENT SYSTEM UPDATE CC-D ACCEPTANCE OF SUBSTITUTE PERFORMANCE BOND FOR TRACT MAP 51 544 - 8445-8463 MISSION DRIVE CC-E APPROVAL OF TRACT MAP 49136 - 8835 MISSION DRIVE CC-G AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES MAYORS AND COUNCIL MEMBERS INSTITUTE, SACRAMENTO, JANUARY 18-20,1995 CC-J ENGINEERING PROPOSAL FOR A BICYCLE AND PEDESTRIAN SAFETY STUDY MOTION BY COUNCILMEMBER VASQUEZ, SECOND BY MAYOR PRO TEM TAYLOR that the foregoing items on the Consent Calendar be approved. Vote resulted: Yes: Clark, Taylor No: None Absent: None Abstain: None Bruesch, Vasquez, Imperial The Mayor declared said motion duly carried and so ordered. CC-C ENGINEERING PROPOSAL FOR PAVEMENT MANAGEMENT SYSTEM UPDATE FY 1994-95 Mayor Bruesch clarified the Redevelopment Agency's obligation for the project is $17,500 and the City's is $7,500 for a cumulative total of $25,000. MOTION BY MAYOR BRUESCH SECOND BY MAYOR PRO TEM TAYLOR that the Council approve the engineering proposal ($17,500 Agency and $7500 City) and direct staff to begin the update of the Pavement Management System. Vote resulted: Yes: Clark, Taylor, Bruesch, Vasquez, Imperial CC 12-20-94 Page #6 • • No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC-F REQUEST FROM MEXICAN AMERICAN STUDENT ORGANIZATION Juan Nunez, 2702 Del Mar Avenue, Rosemead, asked what the request from the students is. Frank Tripepi, City Manager, responded that the organization has requested that the Community Center remain open until 1:00 a.m. on February 18, 1995, for a coronation ball. The designated closing time of the Community Center is 11:00 p.m. MOTION BY COUNCILMEMBER VASQUEZ, SECOND BY COUNCILMEMBER IMPERIAL that the Council authorize the San Gabriel High School Mexican American Student Organization to use the Community Center until 1:00 a.m. Vote resulted: Yes: Clark, Taylor, Bruesch, Vasquez, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC-H GARVEY AVENUE - INSTALLATION OF "NO U-TURN" SIGNS Councilmember Clark requested that this item be deferred. CC-1 RECEIPT AND AWARD OF BIDS FOR THE ROSEMEAD RESIDENTIAL REHABILITATION PROGRAM 52ND HANDYMAN BID PACKAGE Councilmember Imperial asked if the bid process has changed any, referring to previous problems encountered with contractors and home owners. Mark Fullerton, CDBG Coordinator, responded that references and licenses of contractors were checked. Councilmember Clark asked if the three most recent customers who had home improvement work done by the low bidder were contacted. Mr. Fullerton responded that the three cities were called where the low bidder worked in a block grant funded rehab program and that he had contacted two of the residents and city staffs. MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILMEMBER VASQUEZ that the Council receive and file all bids by the City Clerk, accept and award bid to J.K. Construction, for a contract amount of $22,718.00, authorize staff to enter into a contract . with the homeowners and contractor, and reject all other bids. Vote resulted: Yes: Clark, Taylor, Bruesch, Vasquez, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION AND ACTION - NONE VI. STATUS REPORTS - NONE CC 12-20-94 Page #7 0 0 VII. MATTERS FROM OFFICIALS A. STATUS REPORT ON FISHING DERBY AND COUNCIL POLICY REGARDING UNSCHEDULED MEETINGS AT CITY HALL Mayor Bruesch stated that whenever he has meetings with outside groups, he will notify the Council. Mayor Bruesh gave an update on the Fishing Derby, to be held on Saturday, January 14, 1995. This event will be published in the news media after the holidays. Shirts and equipment have been purchased through donations. They are expecting 250 kids and 3,000 fish will be stocked at Legg Lake the day before the event. IX. ADJOURNMENT There being no further action at this time, the meeting was adjourned in memory of Gene Boyd, who passed away last week. The next Adjourned Meeting is scheduled for December 20, 1994, at 7:00 p.m. Respectfully Submitted: City Clerk CC 12-20-94 Page #8