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CC - 09-12-89• 0 APPROVED MINUTES OF THE REGULAR MEETING CITY OFROSnEMEAD ROSEMEAD CITY COUNCIL DATE "LL " 7 SEPTEMBER 12, 1989 I3Y The Regular Meeting of the Rosemead City Council was called to order by Mayor Pro Tem Imperial at 8:03 p.m. in the Council Chambers of City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Councilman DeCocker. The Invocation was delivered by Pastor Carl Dreves of the Garvey Assembly of God. ROLL CALL OF OFFICERS: Present: Councilmen Bruesch, DeCocker, Taylor, and Mayor Pro Tem Imperial Absent: Mayor McDonald - Excused APPROVAL OF MINUTES: AUGUST 22, 1989 - REGULAR MEETING MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN DeCOCKER that the Minutes of the Regular Meeting of August 22, 1989, be approved as submitted.. Vote resulted: Yes: DeCocker, Taylor, Imperial, Bruesch No: None Absent: McDonald Abstain: None The Mayor Pro Tem declared said motion duly carried and so ordered. APPROVAL OF MINUTES: AUGUST 29, 1989 - ADJOURNED MEETING MOTION BY COUNCILMAN DeCOCKER, SECOND BY COUNCILMAN BRUESCH that the Minutes of the Adjourned Regular Meeting of August 29, 1989, be approved with the addition of "....need for off-street parking in commercial strip zones;". Vote resulted: Yes: DeCocker, Imperial, Bruesch No: None Absent: McDonald Abstain: Taylor The Mayor Pro Tem declared said motion duly carried and so ordered. A proclamation was presented by the Council to Dr. Richard Baudle, representing Ingleside Hospital, naming October 1-8, 1989, as "Mental Illness Awareness Week." Dr. Baudle thanked the Council for its support of these programs. Councilman Bruesch noted that the public needs to be aware of the crisis in the funding of mental health programs. A second proclamation was presented by the Council to Mrs. Golz, the immediate past president of the American Gold Star Mothers, naming September 24, 1989, as "American Gold Star Mothers Day." Mrs. Golz thanked the Council on behalf of the organization. I. ORAL COMMUNICATIONS A. Juan Nunez, 2702 Del Mar Avenue, Rosemead, expressed concerns with sanitary facilities used by the corner vendors. Councilman Bruesch stated that staff is preparing a resolution for presentation to the council regarding this subject. Donald J. Wagner, Assistant City Manager, stated this should on the Agenda in approximately thirty days. CC 9-12-89 Page #1 II. PUBLIC HEARINGS r1 L An explanation of the procedures for the conduct of public hearings was presented by the City Attorney. The City Clerk then administered the oath to all those persons wishing to address the Council on any public hearing item. A. A PUBLIC HEARING TO CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION REGARDING A REQUEST FROM LIN MAY CORPORATION FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A 92-ROOM MOTEL AND FREESTANDING RESTAURANT AT 8930 E. MISSION DRIVE (CUP 89-446) CONTINUED FROM AUGUST 8, 1989 The Mayor Pro Tem continued the public hearing. Speaking in favor of the project were: A. Frank Forbes, 822 Victoria Drive, Arcadia, Project Consultant and speaking for the applicant, presented an overview of the project stressing that this is a hotel, not a motel, with a one-hundred seat, free-standing restaurant. Mr. Forbes stated the opinion that this project meets all the City's requirements for such a project. B. Leland Chen, 8930 E. Mission Drive, is the son of the owner. Mr. Chen presented the background on the ownership of this property and the importance of the project, adding that it represents a 5 million dollar investment. C. Simon Lee, 365 W. Garvey Avenue, Monterey Park, is the architect for the project and gave a slide presentation showing the artist's concept of the hotel. D. Gary Werner, 22861 Ironbark Drive, Diamond Bar, from Community Development Personnel Services, prepared the draft EIR (Environmental Impact Report) and explained that all requested revisions had been made, that the property owners within a 300-foot radius had been notified and that two meetings had been held with those owners. Mr. Werner felt this project would have little impact on the area. E. Charles Pilcher, 1682 W. Arrow Highway, Upland, did the market feasibility analysis for the applicant and concluded that demand is sufficient to support a hotel at this location. Mr. Pilcher added that this analysis was based on the room rate of $45 to $65 per night. F. Ruth Ormsby, 27251 Delemos, Mission Viejo, representing the proposed franchiser, Quality International, explained that her company is interested in granting a franchise to this motel once the project is approved by the Council. Ms. Ormsby stated that the franchising process is very cost-intensive and does not warrant investment unless the project is approved in advance of application. Ms. Ormsby agreed that $45 - $65 would be a reasonable rate per night for this location. A ten-minute recess was called at this time and the meeting was reconvened accordingly. G. Bonnie Culbertson, representing the Rosemead Chamber of Commerce, stated that the Chamber is in favor of this project if it meets all the City codes. Speaking in opposition to this project were: A. Joe Vasquez, 3633 Marybeth Avenue, Rosemead, stated there is no need for another motel in Rosemead and feared it would attract an undesirable element. B. William O'Connor, 4635 Fendyke Avenue, Rosemead, was opposed' because of the proximity to the junior high and high school; the increase in traffic that will result; and the general inacceptibility of this location as a motel site. Mr. O'Connor presented a petition containing 177 names requesting that the Council deny this appeal. CC 9-12-89 Page #2 i D. Cleo Young, 7533 E. Garvey Avenue, Rosemead, was opposed because it would cause a decrease in the quality of life in Rosemead. E. Juan Nunez, 2702 Del Mar Avenue, Rosemead, was concerned about the air conditioning system being provided; the current vacancy rate in the existing motels; and the rooms being rented for seminars or meetings. F. Camelia Acosta, 4622 Fendyke Avenue, Rosemead, was concerned that the restaurant would have banquet facilities; the use of meeting rooms; and that adequate parking would be provided. G. Jose Servin, 9939 Lawrence, Rosemead, was concerned with the impact that additional traffic would have on the streets adjacent to the site. H. Al Pinon, 7644 Highcliff, Rosemead, felt the project failed to meet the needs of the community and that there was ample motel space already available in the City. Frank Forbes, speaking for the applicant, rebutted that this property owner has interest in other motels; has no history of problems with law enforcement at these other motels; that traffic for this project will not be generated during the peak hours, in fact should be the same as the automobile dealership currently at the location; that the marketing survey does show a need; and asked for approval and, if not approval, then alternatives. There being no one else wishing to speak, the public hearing was closed and the item was referred to the Council for its discussion and deliberation. Councilman Bruesch reviewed the parking space per room ratio and the results of an informal poll taken on the vacancy rate of motel rooms in Rosemead showing an average occupancy of less than 50%; the language of the feasibility analysis in the hotel/motel ordinance; stressed this project is a motel, not a hotel; noted the number of motels in the surrounding communities as being far less than the number in Rosemead; and gave the results of an informal poll he had taken on the vacancy rate of motel rooms in Rosemead. Mr. Bruesch stated the opinion that Rosemead has too many motels now, and does not need anymore. Councilman DeCocker could not accept the loss of the curbside parking on Rosemead Boulevard as a mitigating measure to the traffic question. Mr. DeCocker was also concerned with the potential problems that would be caused by the increased traffic on Mission Drive. Councilman Taylor was concerned with the increased use of the side streets; was dissatisfied with only an intersection analysis of traffic accidents, that this analysis did not include accidents on the side streets or in between the intersections; was opposed to the use of the curb lane for through traffic instead of parking; and felt the motel's lighting and the hours of operation would be an intrusion on the residents. Mr. Taylor felt the property could be put to a use that would not penalize the adjacent residents. Mayor Pro Tem Imperial stated the opinion that removed from any major thoroughfare; that increase, impact the side streets and, therefore, the entire Rosemead has no need for an additional motel. Mr. Council to consider imposing another moratorium on hotels/motels. the project is far i traffic would City; and that Imperial asked the the construction of MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCIL DeCOCKER that the Council find that the final EIR was completed in compliance with CEQA; that the final EIR was presented to the decision-making body of the Lead Agency; was reviewed by that body; and the information contained in the final EIR was considered prior to any action being taken. Vote resulted: CC 9-12-89 Page #3 Yes: DeCocker, No: None Absent: McDonald Abstain: None n u Taylor, Imperial, Bruesch The Mayor Pro Tem declared the motion duly carried and so ordered. MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN TAYLOR that the Council uphold the decision of the Planning Commission due to the fact that the applicant has not established a need; has not mitigated the traffic impact to the needs of this community; deny the appeal by Lin May Corporation for a 92-room motel; and direct staff to draft a resolution to that effect for formal adoption at the next meeting. Vote resulted: Yes: DeCocker, Taylor, Imperial, Bruesch No: None Absent: McDonald Abstain: None The Mayor Pro Tem declared the motion duly carried and so ordered. A fifteen-minute recess was called at this time and the meeting was reconvened accordingly. III.LEGISLATIVE A. RESOLUTION NO. 89-51 - CLAIMS & DEMANDS The following resolution was presented to the Council for adoption: RESOLUTION NO. 89-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $532,243.46 NUMBERED 25029-25056 AND 26064 THROUGH 26180 MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that Resolution No. 89-51 be adopted. Vote resulted: Yes: DeCocker, Taylor, Imperial, Bruesch No: None Absent: McDonald Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Bruesch requested a memo for Check #26075, Page 2, Community Transit, explaining why the charges were so low for the July Shopper Shuttle usage. B. RESOLUTION NO. 89-52 - APPLICATION FOR CB 2,31 FUNDS UNDER The following resolution was presented to the Council for adoption: RESOLUTION NO. 89-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING THE APPLICATION FOR PEDESTRIAN FUNDS UNDER SB 821 AND APPROVING THE ADOPTION OF ITS PEDESTRIAN PLAN MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN DeCOCKER that Resolution No. 89-52 be adopted. Vote resulted: Yes: DeCocker, Taylor, Imperial, Bruesch No: None Absent: McDonald Abstain: None CC 9-12-89 Page #4 u r-7 L'A The Mayor Pro Tem declared said motion duly carried and so ordered. IV. CONSENT CALENDAR (CC-I, CC-K, AND CC-L REMOVED FOR DISCUSSION) CC-A CITY CLERK REQUEST FOR VACATION OCTOBER 30 THROUGH NOVEMBER 3, 1989 CC-B REQUEST FOR SOLICITATION OF BIDS FOR DEFERRED LOAN PROJECT AT 9346 RALPH STREET CC-C REQUEST FOR SOLICITATION OF BIDS FOR DEFERRED LOAN PROJECT AT 3936 NORTH DELTA AVENUE CC-D REQUEST FOR SOLICITATION OF BIDS FOR 34th HANDYMAN PROJECT CC-E REQUEST FROM GARVEY COUNCIL PTA FOR REFUND OF CARNIVAL PERMIT FEES CC-F AUTHORIZATION TO ATTEND 66th ANNUAL NATIONAL LEAGUE OF CITIES CONFERENCE IN ATLANTA, GEORGIA, NOVEMBER 25-29, 1989 CC-G AUTHORIZATION TO ATTEND ANNUAL CONTRACT CITIES FALL SEMINAR IN VENTURA, OCTOBER 27-19, 1989 CC-H APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SEEK BIDS FOR CONCRETE REPAIRS AT VARIOUS LOCATIONS CC-J AUTHORIZATION TO REJECT CLAIM FILED AGAINST THE CITY BY FANESSA Q. LEE MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN DeCOCKER that the foregoing items on the Consent Calendar be approved. Vote resulted: Yes: DeCocker, Taylor, Imperial, Bruesch No: None Absent: McDonald Abstain: None The Mayor Pro Tem declared said motion duly carried and so ordered. CC-I APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SEEK BIDS FOR TRAFFIC SIGNAL IMPROVEMENTS IN GARVEY AVENUE AT WALNUT GROVE AND DEL MAR AVENUES AND VALLEY BOULEVARD AT WALNUT GROVE AVENUE This item was deferred. Staff was directed to revise and return the plans showing full eight-phase signals for these intersections. CC-K AUTHORIZATION TO REJECT CLAIM FILED AGAINST THE CITY BY INTERTRUST DEVELOPMENT Councilman DeCocker asked about the city's liability regarding plan checks done by Willdan Associates. City Attorney Robert Kress stated that the City's insurance carrier has tendered the matter to the contractor for defense and the contractor has assumed defense of the City in this matter. Councilman Taylor was concerned that it goes against the rating record of the City. Donald J. Wagner, Assistant City Manager, stated that this has been turned to the contractor and that the City's insurance adjustor will not pursue it any further. Mr. Wagner was unable to comment on the effect this would have on the City's rating. CC 9-12-89 Page #5 MOTION BY COUNCILMAN DeCOCKER, SECOND BY COUNCILMAN BRUESCH that the Council approve the rejection of this claim and authorize a letter of rejection be sent to the claimant. Vote resulted: Yes: DeCocker, Taylor, Imperial, Bruesch No: None Absent: McDonald Abstain: None The Mayor Pro Tem declared said motion duly carried and so ordered. CC-L RAISED LANDSCAPED MEDIAN CONFIGURATION FOR GARVEY AVENUE (LIMIT/LIMIT) Councilman Taylor noted that with the changes that have been made at the Council's request to the original concept, the project appears to have lost its symmetry. It was decided that this item should be deferred until the landscape concepts are completed. This will allow the Council to see the effect of the median landscaping in conjunction with the parkway landscaping, providing several alternatives to choose from, with different levels of landscaping intensity. Councilman Taylor asked that staff be directed to contact the City of E1 Monte for information on any accidents that may have occurred because of the installation of islands. V. MATTERS FOR DISCUSSION & ACTION A. APPOINTMENT OF REPRESENTATIVE TO SAN GABRIEL VALLEY MOSQUITO ABATEMENT DISTRICT BOARD OF DIRECTORS MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN TAYLOR that the Council appoint Councilman Bruesch to serve on the Board of Directors. Vote resulted: Yes: DeCocker, Taylor, Imperial, Bruesch No: None Absent: McDonald Abstain: None The Mayor Pro Tem declared said motion duly carried and so ordered. Councilman Bruesch stated that he will continue to pursue a lump sum payment concept. VI. STATUS REPORTS - NONE VII.MATTERS FROM OFFICIALS A. "CITY PRIDE MOBILE BUY BACK PROGRAM" AND APPLICATION FOR STATE FUNDING OF PROGRAM This item was deferred to the next meeting to allow additional information to be provided. VIII.ORAL COMMUNICATIONS - NONE There being no further action to be taken at this time, the meeting was adjourned at 11:15 p.m. The next regular meeting is scheduled for September 26, 1989, at 8:00 p.m. Respectfully submitted: e.~ ty Clerk APPROVED: MAYOR CC 9-12-89 Page #6