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CC - 12-13-88APPROVED CITY OF ROSEI%IEAD MINUTES OF,THE REGULAR MEETING DATE I-&-f-2 ROSEMEAD CITY COUNCIL RY n DECEMBER 13, 1988 The Regular Meeting of the Rosemead City Council was called to order by mayor Bruesch 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 Mayor Pro Tem McDonald. The Invocation was delivered by Pastor Paul Bengston of the Neighborhood Covenant Church. ROLL CALL OF OFFICERS: Present: Councilmen DeCocker, Taylor, Mayor Pro Tem McDonald, and Mayor Bruesch Absent: Councilman Imperial - Excused (Still recovering from the effects of an automobile accident.) APPROVAL OF MINUTES: NOVEMBER 22, 1988 - REGULAR MEETING These Minutes were deferred to the meeting of January 10, 1989. A Proclamation was presented to Pak Beng Kouch, winner of the Rosemead High School speech contest. Ms. Kouch delivered her winning speech, "MY VOTE - DOES IT COUNT?" to the Council where it was very well received. I. ORAL COMMUNICATIONS FROM THE AUDIENCE A. None II. PUBLIC HEARINGS An explanation of the procedures for the conduct of public hearings was presented by the City Attorney. The City Clerk administered the oath to all those wishing to address the Council on any item. A. TO CONSIDER AMENDING SECTION 9181.1 OF THE ROSEMEAD MUNICIPAL CODE REQUIRING CONDITIONAL USE PERMITS FOR MINI-MALLS, ADDING SECTIONS 9121.25 AND 9121.26 CONCERNING DEVELOPMENT STANDARDS FOR COMMERCIAL PROJECTS, AND ADDING SECTION 9102.36.2 REGARDING DEFINITION OF MINI-MALLS The Mayor opened the public hearing and there being-no one wishing to speak, the public hearing was closed. The following ordinance was presented to the Council for introduction: ORDINANCE NO. 635 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING LAND USE REGULATIONS CONCERNING MINI-MALLS After discussion by the Council, the following changes were made to the ordinance. Section 9181.1(34)(6) had the addition made that a certain percentage of the landscaping would require shade trees; such percentage to be left to the discretion of the Planning Director. Section 9181.1(34)(8) removed the requirement of limiting a maximum of 15% of the total number of off-street parking spaces for compact cars. Sections 9121.25(a)(1), (2), (3), and 9121.25(b), (c), and (d) will have drawings to illustrate the restrictions being imposed. MOTION BY MAYOR PRO TEM McDONALD, SECONDED BY COUNCILMAN DeCOCKER that Ordinance No. 635 be introduced, as corrected, on its first reading and that reading in full be waived. Vote resulted: CC 12-13-88 Page *1 Yes: DeCocker, No: None Absent: Imperial Abstain: None Taylor, Bruesch, McDonald The Mayor declared said motion duly carried and so ordered. Mayor Bruesch directed staff to investigate the deterioration of the landscaping on the corner of Jackson and Garvey Avenues. B. TO CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION REGARDING A REQUEST FROM OUTER SPACE ROOM CONSTRUCTION FOR A ZONE VARIANCE FOR A SEVEN-FOOT REAR YARD IN LIEU OF THE REQUIRED FIFTEEN FEET FOR PROPERTY LOCATED AT 8700 DENNIS DRIVE The Mayor opened the public hearing. Evonne Morton, 5330 Via Apolina, Yorba Linda, representing Outer Space Construction, asked the Council to overturn the decision of the Planning Commission's decision because the project would not be detrimental to the City. Ms. Morton also cited Commissioner Mattern's comment during the hearing conducted by the Planning Commission, alluding that these patio enclosures tend to become illegal conversions. Ms. Morton contended that this type of speculation is not within the purview of the Planning Commission. There being no one else wishing to speak, the public hearing was closed. Mayor Pro Tem McDonald noted that he was opposed to the Planning Commission ruling on possibilities rather than on facts. Councilman DeCocker expressed the opinion that Commissioner Mattern's comment may have been inappropriate. Councilman Taylor favored upholding the Planning Commission decision based on the zoning of this property. Said zoning is Planned Development which allowed the contractor to build on substantially smaller lots than would otherwise be allowed in the City. There being no further discussion, it was MOVED BY COUNCILMAN DeCOCKER, SECONDED BY COUNCILMAN TAYLOR that the Council uphold the decision of the Planning Commission and deny this appeal. Vote resulted: Yes: DeCocker, Taylor, Bruesch, McDonald No: None Absent: Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. III.LEGISLATIVE A. RESOLUTION NO. 88-55 - CLAIMS & DEMANDS The following resolution was presented to the Council for adoption: RESOLUTION NO. 88-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,022,770.88 NUMBERED 01242-01287 AND 23228 THROUGH 23326 MOTION BY MAYOR PRO TEM McDONALD, SECONDED BY COUNCILMAN DeCOCKER that Resolution No. 88-55 be adopted. Vote resulted: CC 12-13-88 Page #2 Yes: DeCocker, No: None Absent: Imperial Abstain: None r1 V Taylor, Bruesch, McDonald The Mayor declared said motion duly carried and so ordered. B. RESOLUTION NO. 88-56 - DETERMINING THE NECESSITY FOR ACQUISITION BY EMINENT DOMAIN OF A PORTION OF THE PROPERTY KNOWN AS 3332 PROSPECT AVENUE FOR PUBLIC ROAD AND PUBLIC UTILITY PURPOSES The following resolution was presented to the Council for adoption: RESOLUTION NO. 88-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD DETERMINING THE NECESSITY FOR ACQUISITION BY EMINENT DOMAIN OF A PORTION OF THE PROPERTY KNOWN AS 3332 PROSPECT AVENUE, ROSEMEAD, CALIFORNIA FOR PUBLIC ROAD AND PUBLIC UTILITY PURPOSES MOTION BY COUNCILMAN TAYLOR, SECONDED BY MAYOR PRO TEM MCDONALD that Resolution No. 88-56 be adopted. Vote resulted: Yes: DeCocker, Taylor, Bruesch, McDonald No: None Absent: Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. It was noted by the Mayor that the owner of the property, Rose Villarini, was unable to be present at these proceedings. The following is a transcript of the letter Ms. Villarini sent to Frank G. Tripepi, City Manager, on December 8, 1988. "This letter will be my request to be heard on December 13, 1988. Due to disability, I cannot attend the meeting but I will state my intent to you and the City Council. In response to the four questions in your letter, I cannot accept or consider that your project is for the 'Public Good.' The present changed zoning from previous R-2 standards with intent to stop building disregarding the lack of housing is not for the 'Public Good.' Reason given for change of standards was to-,correct density. Now we have single family homes becoming hidden motels. I request that the current R-2 standards of 4,500 square feet be changed to the previous standards of 3,000 square feet. The above request with housing for all citizens regardless of Race, Age, and financial status is for the 'Public Good.' I have attempted to speak to the City Council individually but after my second attempt realized it was useless. A city that is afraid of change and growth, infringing on personal property, showing inequality for its residents together with age discrimination is not for the 'Public Good.' As the governing council of the city of Rosemead you can make changes. Please don't keep insisting that your project has nothing to do with my property, in my estimation it does. I look forward to a positive response." The letter is signed by Rose Villarini. C. RESOLUTION NO. 88-57 - NOTIFYING THE BOARD OF SUPERVISORS OF CITY COUNCIL'S INTENTION TO RETAIN LOS ANGELES COUNTY SHERIFF SERVICES The following resolution was presented to the Council for adoption: CC 12-13-88 Page #3 9 RESOLUTION NO. 88-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, NOTIFYING THE BOARD OF SUPERVISORS OF THE CITY COUNCIL'S INTENTION TO RETAIN LOS ANGELES COUNTY SHERIFF SERVICES MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN DeCOCKER that Resolution No. 88-57 be adopted. Vote resulted: Yes: DeCocker, Taylor, Bruesch, McDonald No: None Absent: Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. D. ORDINANCE NO. 636 - RELATING TO THE ESTABLISHMENT OF A CURFEW FOR MINORS - INTRODUCE The following ordinance was presented to the Council for introduction: ORDINANCE NO. 636 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD RELATING TO CURFEW FOR MINORS This item was deferred to the meeting of January 10, 1989. E. RESOLUTION NO. 88-58 - RELATING TO A DEFERRED PLAN The following resolution was presented to the Council for adoption: RESOLUTION NO. 88-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD RELATING TO A DEFERRED COMPENSATION PLAN MOTION BY COUNCILMAN TAYLOR, SECONDED BY MAYOR PRO TEM McDONALD that Resolution No. 88-58 be adopted. Vote resulted: Yes: DeCocker, Taylor, Bruesch, McDonald No: None - Absent: Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR (CC-C AND CC-E REMOVED FOR DISCUSSION) CC-A AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES 1989 MAYOR AND COUNCILMEMBERS ORIENTATION INSTITUTE - JANUARY 25-27, 1989 - SAN JOSE, CALIFORNIA CC-B VEHICLE LOADING ZONE - 8929 EAST VALLEY BOULEVARD CC-D ACCEPTANCE OF STREET EASEMENTS - KELBURN AVENUE (GARVEY/GRAVES AVENUES) CC-F REMOVAL OF COMMERCIAL LOADING ZONE AT 7770 GARVEY AVENUE AND ADDITION OF RED CURBING AT THE SOUTHWEST CORNER OF DEL MAR AND GARVEY AVENUES CC-G ACCEPTANCE OF STREET EASEMENTS - PROSPECT AVENUE (HELLMAN AVENUE/EMERSON PLACE) CC 12-12-88 Page #4 CC-H EXTENSION OF AGREEMENT WITH CAL-TRANS - WIDENING OF SAN GABRIEL BOULEVARD/60 FREEWAY OVERPASS CC-I ACCEPTANCE OF WORK - BENTEL AVENUE (ROSEMEAD BOULEVARD/LOMA AVENUE) MOTION BY COUNCILMAN TAYLOR, SECONDED BY MAYOR PRO TEM MCDONALD that the foregoing items on the Consent Calendar be'approved. Vote resulted: Yes: DeCocker, Taylor, Bruesch, McDonald No: None Absent: Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. CC-C APPROVAL OF DANCE AND ENTERTAINMENT PERMIT - T & J RESTAURANT, 8526 EAST VALLEY BOULEVARD Mayor Bruesch was hopeful that the new owners will be good neighbors as the previous owners have always been by not allowing the type of entertainment that would be disturbing. Mayor Pro Tem McDonald noted that the type of entertainment could influence the occupancy and that the allowable rate should be monitored. It was noted that by today's standard, the parking may not be adequate. MOTION BY MAYOR BRUESCH, SECONDED BY MAYOR PRO TEM McDONALD that the Council grant a Dance & Entertainment Permit to Littlerock Enterprises, Inc., dba: T & J Restaurant, contingent upon the Planning Commission's approval of the transfer of the Alcoholic Beverage License. Vote resulted: Yes: DeCocker, Taylor, Bruesch, McDonald No: None Absent: Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. CC-E APPROVAL OF CITY OF ROSEMEAD SPEED SURVEY Mayor Bruesch noted that selective speed 1 necessary based on the results of this survey. specific problem areas as being Del Mar Avenue Limit/Garvey Avenue) and Earlswood Drive (Ivar Place). Mr. Bruesch asked that copies be made Sheriff's Department and to the members of the Lmit enforcement may be Mr. Bruesch noted two (South City Avenue/Rosemead available to the Traffic Commission. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN DeCOCKER that the Council accept and approve the recommendations of the Engineering and Traffic survey; forward copies to the proper court authority; and direct staff to post the new speed limits. Vote resulted: Yes: DeCocker, Taylor, Bruesch, McDonald No: None Absent: Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION & ACTION A. REQUEST FROM CALIFORNIA-AMERICAN WATER COMPANY FOR RATE INCREASE CC 12-13-88 Page #5 This item was deferred pending receipt of further information regarding the replacement cost for the water tower and the amount of earthquake damage. B. EXTENSION OF AGREEMENT BETWEEN CITY OF ROSEMEAD AND ROSEMEAD BOYS AND GIRLS CLUB MOTION BY MAYOR PRO TEM McDONALD, SECONDED BY COUNCILMAN DeCOCKER that the Council approve the extension of this agreement. Vote resulted: Yes: DeCocker, Taylor, Bruesch, McDonald No: None Absent: Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. VII. MATTERS FROM OFFICIALS A. COUNCILMAN TAYLOR 1. Asked for a report from Modern Service regarding their 5 a.m. start time and which cities they serve for the study session to be held. B. MAYOR BRUESCH 1. Asked for an estimated date for the study session on low income housing and rent relief for trailer parks. Frank G. Tripepi, City Manager, stated that the information should be ready by late February. 2. Announced that he would be absent from the meeting on January 10, 1989. VIII.ORAL COMMUNICATIONS A. Holly Knapp, 8367 E. Whitmore, asked about receiving copies of the traffic study report and suggested adjourning in the memory of the Armenian earthquake victims. There being no further action to be taken at this time, the meeting was adjourned at 10:05 p.m. in the memory of Ann Stevens, Mayor Pro Tem McDonald's mother-in-law, who passed, away recently; and the victims of the Armenian earthquake. APPROVED, : . MAYOR Respectfully submitted: a2l~C ae_u~ ty Clerk CC 12-13-88 Page #6