Loading...
CC - 08-25-87APPROVED CITY OF ROSEMEAD MINUTES OF THE REGULAR MEETING DATR 4/ - 7 ROSEMEAD CITY COUNCIL AUGUST 25, 1987 The Regular Meeting of the Rosemead City council was called to order by Mayor Cleveland at 8:05 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 Bruesch. The Invocation was delivered by Hugh Foutz, City Treasurer. ROLL CALL OF OFFICERS: Present: Councilmembers Imperial, Taylor, Mayor Pro Tem Bruesch, and Mayor Cleveland Absent: Councilman McDonald (Excused) APPROVAL OF MINUTES: AUGUST 11, 1987 - REGULAR MEETING Councilman Taylor asked that his statement on Page #5, last sentence of the first paragraph, be corrected to read... "Councilman Taylor disagreed and felt this was a minimal amount of $1,225.00 for the year". Councilman Bruesch directed paragraph, regarding Councilman television contract. Councilma corrected to read repeated people of Falcon Cable meet the city should take action against attention to Page #2, the fifth Imperial's statement on the cable z Imperial asked that his statement be his earlier opinion that unless the requirements of their contract, the them..." There being no objection, it was so ordered that these corrections be made to the minutes. MOTION BY MAYOR PRO TEM BRUESCH, SECONDED BY COUNCILMAN IMPERIAL that the minutes of the Rosemead City Council Meeting of August 11, 1987, be approved as corrected. Vote resulted: ROLL CALL VOTE: Ayes: Councilmembers Imperial, Taylor, Mayor Pro Tem Bruesch, and Mayor Cleveland Absent: Councilman McDonald (Excused) The Mayor declared said motion duly carried and so ordered. I. ORAL COMMUNICATIONS FROM THE AUDIENCE A. Margaret Clark, 3109 N. Prospect, Rosemead presented ietcers that she had received on SB 442, regarding the portion of the bill concerned with eminent domain. Ms. Clark thought this meant that the eminent domain issue had been removed entirely from the bill. Councilman Taylor explained that the eminent domain feature would still be in effect but that the power would be returned to the City Council, subject to a 4/5 vote. Ms. Clark was disappointed to learn this, and felt that the citizens had been misled by the language that had been used in the letters. Frank G. Tripepi, City Manager, stated that this bill had not passed the Ways and Means Committee but had been put over. Mr. Tripepi went on to state that the City's opposition to this bill was still in effect. Councilman Taylor suggested that Ms. Clark obtain a copy of the amendments to this bill as of August 18th, which explain that some rights of individual landowners had been removed from the landowner. Mayor Cleveland reiterated the Council's opposition to this bill. Councilman Taylor requested that the Council's continuing opposition be transmitted to the Legislative Advocate. CM 8-25-87 Page #1 • B. Juan Nunez, 2702 Del Mar, Rosemead, expressed his concerns with respect to aircraft flying over Rosemead in light of recent air disasters and asked if the Council had the power to restrict the air space. Mayor Cleveland stated that this was not within the jurisdiction of the City Council. Mr. Nunez went on to voice concerns over a problem caused by restaurants in Monterey Park that he would like to see avoided in Rosemead, if possible. This problem concerns waste grease being put down the sink drains and causing them to clog. Mr. Nunez presented a copy of the Monterey Park Progress with an article on this subject. Mayor Cleveland thanked Mr. Nunez for his concern and stated that this situation would be looked into. Holly Knapp, 837 E. Whitmore, Rosemead, asked what the next step would be in regard to SB 442. Frank G. Tripepi, City Manager, stated that the bill was still in committee and could not go back to the floor until it had been cleared. Ms. Knapp also stated how proud she had been on Saturday, August 22, 1987, when she attended the POW/MIA Flag Raising ceremony. II. PUBLIC HEARINGS A. REINTRODUCE ORDINANCE NO. 609 - AMENDING MUNICIPAL CODE REGARDING DENSITY AND NON-CONFORMING REQUIREMENTS IN THE R-2 ZONE Frank G. Tripepi, City Manager, explained that ordinance No. 609 now contains a non-conforming feature that would allow buildings that are destroyed to be replaced at the old requirements as long as they are not any larger or positioned any differently on the lot. Mayor Cleveland declared the public hearing opened. The clerk administered the oath to members of the audience wishing to speak. 1. Vidal Pedro, Jr., 2512 N. Denton Avenue, Rosemead, wanted to be sure that any plans already in plan check would be allowed to continue under the old provisions. Councilman Taylor stated that he thought this was the case. 2. Tom Crosby, 2530 N. San Gabriel Boulevard, Rosemead, (Councilman Imperial questioned the validity of this address and Mr. Crosby assured him that it was valid) felt that the non-conforming portion was fair but he did not agree with the 4500 square-foot provision. He requested that the Council consider instead, 3200 square feet. Mr. Crosby felt that this ordinance only hurt the small property owner and did not address the problem of over-building. Mayor Pro Tem Bruesch stated that some of the people who are concerned that they cannot build under the 4500 square-foot rule, are not even able to build under the 3000 square-foot rule. 3. Wing F. Lew, 7913 Whitmore, Rosemead, felt the grandfather clause was unfair because it limited the size of the replacement buildings. 4. Allie Taylor, 2717 N. Pine, Rosemead, wants the City to reimburse.residents for the loss they will incur when selling at a lower price due to the change in the zoning. CM 8-25-87 Page #2 5. Ellis Wynn, 952 S. LaVerne, Los Angeles, CA 90022, expressed his concern over the loss of the money he has already invested in developing his property if he is not allowed to continue to do so. Mayor Cleveland suggested that Mr. Wynn come into City Hall and talk to the Planning Department in order to work out his problem. 6. Richard Berger, 1056 E. Walnut Grove, Rosemead, asked if the grandfather clause would go with the land when it is sold and he was assured by Frank G. Tripepi, City Manager, that it would. 7. Ted Saulino, 7540 Whitmore, Rosemead, stated that R-2 owners will be making a tremendous sacrifice in lost revenues and asked that the Council give to the residents, in return, a comprehensive Jesse Gonzalez Sports Complex, to be funded by Redevelopment monies. Councilman Imperial stated that he is the owner of an R-2 property. Under the new ordinance he will be unable to build additional units. He also stated that the City is in the process of building a Recreational Center on the south side of the City. 8. William A. Whiting, 1816 San Gabriel Boulevard, Rosemead, is a contractor, involved with some projects that will be affected by this ordinance. He felt that some concession should be made to persons having smaller lots. 9. Boyd Mitchell, 9027 Garrett, Rosemead, stated that he is in favor of this ordinance because it will restrict growth, stop overcrowding of the schools, and preserve the quality of life in Rosemead. 10. Wilda Marcel, 7520 E. Whitmore, Rosemead, urges passage of this ordinance as a safety measure for the children of Rosemead and because it will preserve open space for the children to play at home. 11. Mary Jane Yoshioka, 2521 N. Daroca Avenue, Rosemead, stated concern with the responsibility of our Council after a bad experience with the Council of Monterey Park. She doesn't want Rosemead to end up overcrowded like Monterey Park and asked for reassurance that this ordinance will be upheld. Frank G. Tripepi, City Manager, stated that if this ordinance is passed, it will become the law and remain so until or if it is changed. . Ms. Yoshioka was also concerned with lack of street parking when overbuilding occurs, such as condominiums and multiple units, because the builders do not provide enough garages or carports for the tenants. Mayor Pro Tem Bruesch stated that condos would come under the R-3 zone rather than R-2 and he agreed that multiple development tended to put in only the bare minimum parking requirements. 12. Armando Garcia, 7566 E. Columbia, Rosemead, is in favor of low growth. He stated that those people already owning R-2 lots should be allowed to develop at the old standards, but from this point on, new owners should develop at the new standards. 13. Gil Almanzan, 2517 N. Evelyn, Rosemead, feels this ordinance will keep development under control and reduce problems that accompany over development. 14. Mae Ramirez, 2353 N. Falling Leaf, Rosemead, feels this odinance will conserve open space for the future. 15. Michael Salazar, 809 DeLaFuente, Monterey Park, stated that he came to the meeting to encourage the adoption of this ordinance to promote sane and controlled growth and hoped that Rosemead would learn from the mistakes that had been made in Monterey Park. CM 8-25-87 Page #3 • • 16. Lois Justin, 2500 N. Jackson, Rosemead, is concerned with the safety of children and feels it is the duty of the City Council to protect the quality of life for the future citizens of Rosemead. 17. Trudie Billings, 7542 Melrose, Rosemead, submitted a petition with 75 signatures urging adoption of this ordinance. The petition read "We, the undersigned residents of Rosemead, support the amended R-2 zoning ordinance that will help prevent overcrowded developments, preserve the quality of life in Rosemead, and help protect our homes from eminent domain for schools". Ms. Billings also stated her concerns over the lack of parking on streets such as Falling Leaf, where high density development had occurred. Councilman Imperial stated, that in his opinion, an EIR should have been done on Falling Leaf before the project was allowed to continue. 18. Antoinette Fabela, 3055 N. Prospect, Rosemead, was concerned that the high school site would, again, be considered in Rosemead if overdevelopment continues. Ms. Fabela felt that the realty industry had encouraged this overdevelopment. She felt that open space and greenery is vital to the mental well-being of the average person in today's rat-race existence. 19. Al Pinon, 7644 Highcliff, Rosemead, is in favor of controlled growth and feels this ordinance is overdue. 20. James Clark, 3109 N. Prospect, Rosemead, feels this ordinance is for the best interests of the residents of Rosemead, and that variance procedures are in effect, through the Planning commission, for application on an individual basis. 21. Holly Knapp, 8367 E. Whitmore, Rosemead, stated that property values have increased over the years, and feels anyone who has owned property here for any period of time cannot be losing money. A high quality of life must be maintained for now and for the future. 22. Margaret Clark, 3109 N. Prospect, Rosemead, stated that it is unfair for residents in the R-2 zones to jeopardize the homes and quality of life of other areas of Rosemead. 23. Leroy Young, 7533 N. Prospect, Rosemead, stated that elementary schools are overcrowded, now. They would not be able to handle unlimited numbers of additional students. Parks, parking, and other facilities are also overcrowded and the saturation point has been reached. There being no one else wishing to speak, Mayor Cleveland declared the public hearing closed and referred the item to the council for consideration. Mayor Pro Tem Bruesch stated that you can't please all the people all the time and that any action would not affect all persons in a community the same way. R-2 zoning, south of the Freeway, came into effect before the time of annexation, the early 1950's. Mayor Pro Tem Bruesch pointed out that at that time, the County rezoned from agriculture to the R-2, and that this was a change. Property value is created by the market, and the market is subject to change. The restrictive R-2 zone change will create a new market. Larger lots with open space will appreciate, in time. Mayor Pro Tem Bruesch gave the statistics on population growth, at maximum build-out, south of the Freeway, at various square-footage requirements as follows: 3000 square feet equals 2941 new homes, a 21% gain and 10784 new residents, a 23% gain; 3500 square feet equals 1871 new homes, a 15% gain and 7200 new residents, a 15.6% gain; 4000 square feet equals 800 new homes and 3615 residents, a 6% gain in both cases; 4500 square feet equals 266 new homes and almost 2000 people. There would still be growth, but it would be slowed. He reiterated that the variance procedures are still in effect, and that individuals must take advantage of these procedures. The future must be protected. CM 8-25-87 Page #4 • Councilman Imperial again brought up the results of the present ordinance; the built-in blight of Emerson and Whitmore, Falling Leaf and Graves. It must be stopped now. Controlled growth must be the order of the day. Councilman Imperial stated that he and the other R-2 owners must be willing to make the sacrifice to preserve what is left of the quality of life for Rosemead residents. He recommended that the Council adopt the ordinance as it now stands. Councilman Taylor asked Mr. Chicots how many properties were in Plan Check at this time and what stage they were in. Mr. Chicots stated that there 15-20 at this time. Councilman Taylor felt that 3,000 R-2 properties are affected and citizens, who are in the process of building, should be allowed to continue. Frank G. Tripepi, City Manager, stated that an ordinance will be forthcoming, repealing the moratorium, and at that time the grandfather clause can be included. Robert Kress, City Attorney, concurred and stated that the 4500 square-foot standard is being set by this ordinance. Staff will now prepare an ordinance to implement this, repeal the moratorium, and provide the transitional rules for those projects already in progress. Councilman Taylor wanted it clearly understood that as of this date all plans coming into City Hall would be subject to the 4500 square-footage requirements as set by ordinance No. 609. ORDINANCE NO. 609 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING PART V, SECTION 9105 OF THE ROSEMEAD MUNICIPAL CODE CONCERNING THE LOT COVERAGE AND DENSITY REQUIREMENTS AND REPEALING SECTION 9105.20 CONCERNING DEEP LOTS IN THE LIGHT MULTIPLE RESIDENTIAL (R-2) ZONE Robert Kress, City Attorney, stated that a "yes" vote would be to reintroduce Ordinance No. 609 and waive further reading. MOTION BY COUNCILMAN IMPERIAL, SECONDED BY MAYOR PRO TEM BRUESCH, that ordinance No. 609 be introduced on its first reading and further reading waived. Vote resulted: ROLL CALL VOTE: Ayes: Councilmen Imperial, Taylor, Mayor Pro Tem Bruesch, and Mayor Cleveland. Absent: Councilman McDonald The Mayor declared said motion duly carried and so ordered. Mayor Cleveland called a 5-minute recess and reconvened the Council meeting at 10:25 p.m. B. ORDINANCE NO. 611 - EXTENSION OF MORATORIUM RESTRICTING THE ESTABLISHMENT OF MINI-MALLS Mayor Cleveland opened the public hearing. There being no one wishing to speak, the public hearing was closed. Discussion by the Council. Mayor Pro Tem Bruesch commended staff on the job that had been done on the study of the mini-malls that are in the City at this time. The main problem with mini-malls seemed to be the lack of parking that is provided. He stated that establishments with drive-thru potential should not be allowed. Councilman Taylor stated that proper planning, not total elimination should be the goal of the Council. Mayor Pro Tem Bruesch restated that, in his opinion, drive-thru establishments and mini-malls are not compatible because of the traffic problems that would be caused. CM 8-25-87 Page #5 Councilman Imperial stated that rather than having a mini-mall on every corner, the city should look into a large mall. Mini-malls will eventually create a problem and have the potential of becoming a blighted area. He agreed with Mr. Taylor that good planning was the answer. Mayor Pro Tem Bruesch stated that there was a need for an additional parking requirement behind the shops of the mini-malls. He felt that by adding this parking requirement, the visual blight would be reduced and could discourage the building of these mini-malls. ORDINANCE NO. 611 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD EXTENDING THE MORATORIUM CREATED BY ORDINANCE NO. 608 ON THE ESTABLISHMENT OF MINI-MALLS IN THE CITY OF ROSEMEAD AND DIRECTING THE PLANNING COMMISSION TO INITIATE A STUDY WITH RESPECT TO DEVELOPING APPROPRIATE ZONING REGULATIONS GOVERNING SUCH USES Robert Kress, City Attorney, stated that a "yes" vote would be to adopt and extend the moratorium and waive further reading. MOTION BY MAYOR PRO TEM BRUESCH, SECONDED BY COUNCILMAN IMPERIAL to adopt ordinance No. 611 and waive further reading. Vote resulted: ROLL CALL VOTE: Ayes: Councilmen Imperial, Taylor, Mayor Pro Tem Bruesch, and Mayor Cleveland Absent: Councilman McDonald The mayor declared said motion duly carried, and so ordered. III.LEGISLATIVE A. RESOLUTION NO. 87-36 - CLAIMS & DEMANDS The following resolution was presented for adoption. RESOLUTION NO. 87-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $369,165.36 NUMBERED 00376-0400/20155 THROUGH 20264 INCLUSIVELY Mayor Pro Tem Bruesch questioned warrant no. 00381, on page 17, a Metagram Unit at $500.00. Donald J. Wagner, Assistant City Manager, stated that this item was a special paging unit. There being no further discussion, it was MOVED BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN TAYLOR that Resolution No. 87-36 be adopted. Vote resulted: ROLL CALL VOTE: Ayes: Councilmen Imperial, Taylor, Mayor Pro Tem Bruesch, and Mayor Cleveland Absent: Councilman McDonald The Mayor declared said motion duly carried, and so ordered. IV. CONSENT CALENDAR (CC-C PULLED) CC-A APPOINTMENT OF ACTING CITY CLERK CC-B RECEIPT AND AWARD OF BIDS FOR THE ROSEMEAD HOME IMPROVEMENT PROGRAM - 25TH BID PACKAGE CC-D SIDEWALK REPAIRS IN VARIOUS STREETS - ACCEPTANCE OF WORK CC-E ACTIVE MEMBERSHIP IN AREA "D" CIVIL DEFENSE AND DISASTER JOINT POWERS AGREEMENT CC-F EXTENSION OF FREE-RIDERSHIP PERIOD ON THE ROSEMEAD SHOPPING EXPRESS CM 8-25-87 Page #6 CC-G EXTENSION OF AGREEMENT - STREET TREE MAINTENANCE CC-H EXTENSION OF AGREEMENT - MAINTENANCE OF SPORTS LIGHTING EQUIPMENT MOTION BY COUNCILMAN TAYLOR, SECONDED BY MAYOR PRO TEM BRUESCH that the foregoing items on the Consent Calendar be approved. Vote resulted: ROLL CALL VOTE: Ayes: Councilmen Imperial, Taylor, Mayor Pro Tem Bruesch, and Mayor Cleveland Absent: Councilman McDonald The Mayor declared said motion duly carried,and so ordered. CC-C FINAL MAP OF TRACT 44973 LOCATED AT 2719 MUSCATEL AVENUE Mayor Pro Tem Bruesch asked that a map of the setbacks be included on this type of project in the future and asked this item be deferred until such time as the map could be provided. Councilman Taylor stated that this is the final approval of this project; all the work has been completed. There being no further discussion, it was MOVED BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL to approve the final map of Tract 44973 located at,2719 Muscatel Avenue. Vote resulted: ROLL CALL VOTE: Ayes: Councilmen Imperial, Taylor, Mayor Pro Tem Bruesch, and Mayor Cleveland Absent: Councilman McDonald The Mayor declared said motion duly carried,and so ordered. V. MATTERS FOR DISCUSSION & ACTION A. TRAFFIC COMMISSION VACANCY Frank G. Tripepi, City Manager, stated that this item was for the council's information and was a result of the resignation of one of the members of the Traffic Commission. Councilman Imperial asked if nominations would in order at this time. Robert Kress, City Attorney, stated that an unscheduled vacancy on a Commission must be posted and that Donald J. Wagner, Assistant City Manager, had so posted. Nominations could not be considered until the next City Council meeting on September 8, 1987. Frank G. Tripepi, City Manager, stated that at the next meeting, all applications would be presented to the Council for consideration. Councilman Bruesch requested the vacancy be posted for a period of thirty days and not be returned until the Council meeting of September 22, 1987. There being no objection, it was so ordered. B. CITY CLERK VACANCY Councilman Taylor asked for a report on the two applicants who had taken the test and what they had failed. Frank G. Tripepi, City Manager, stated that the results would be forwarded by confidential mail to the members of the Council. He also stated that the Council appears to want the successful candidate to possess some shorthand ability. To achieve this, Mr. Tripepi suggested that the requirement be lowered from 110 wpm to 75-80 wpm. Mr. Tripepi felt that this speed would be more in line with the abilities of the candidates because of the usage of dictaphone machines. He felt if this concession were granted, the Council would have a sufficient selection of candidates to interview. CM 8-25-87 Page #7 VII. MATTERS FROM OFFICIALS A. Mayor Pro Tem Bruesch extended an invitation to the public, the members of the Council, and staff to attend the Solid Waste Task Force meeting, to be held at the Rosemead Community Center on Thursday, September 17, 1987, at 7:30 p.m. This meeting will discuss recycling programs and should last 1 1/2 to 2 hours. B. CROSSWALKS Mayor Pro Tem Bruesch stated his concerns over the injuries of two young people who were hit while in crosswalks; one at San Gabriel and one at Garvey. These were at uncontrolled intersections. Witnesses, in both cases, stated that the drivers were at fault and may have been deliberate. Mayor Pro Tem Bruesch has brought this situation to the attention of the Traffic Commission but he also wanted the Council's attention directed to this problem and asked for stricter punishment of violators. Councilman Taylor stated that he was not aware of this problem because he did not recall having received the reports on these two accidents. Frank G. Tripepi, City Manager, stated that it was policy to provide the Council with this type of information and he would check to see why the reports had not been issued. Mayor Pro Tem Bruesch asked if revocation of driver's licenses would be possible for repeat violators. Councilman Imperial asked what the Council could do to effect such a policy in this City. Robert Kress, City Attorney, stated that the Sheriff's Department should be made aware of the City's concerns over this issue for increased enforcement. The question of punishment rests with the judiciary and a meeting might be arranged with the judges of the local courts, the Sheriffs, and members of the Council to discuss this problem and arrive at a satisfactory solution. Councilman Imperial concurred with the City Attorney that the proper procedure would be to approach the problem legislatively. Mayor Pro Tem Bruesch restated his opinion, that drivers should be aware that if they break the traffic laws in Rosemead, they will be dealt with severely and requested that the Traffic Commission be try directed to conduct,a study on this problem. Mayor Cleveland stated that a meeting with the local judges would scheduled in the near future, and that this subject could be brought up at that time. Councilman Imperial requested that the meeting with the judges include members of the Sheriff's Department, so that first-hand information could be passed along. C. Councilman Imperial asked for a status report on the Recreation Center that is being considered for the southern portion of the City. He specifically asked for the timetable on completion. He requested that the status report be presented as soon as possible, preferrably by the next meeting on September 8, 1987. D. Councilman Imperial announced that on Saturday, September 19, 1987, at 1:00 p.m., a ground-breaking ceremony will take place for the Vietnam/Veterans Memorial. This will take place at City Hall, near the fountain. He requested that staff invite dignitaries from the surrounding area to attend. Councilman Imperial would like to see so many people in attendance, that Valley Boulevard would have to be blocked off to accommodate them. Councilman Imperial asked the Mayor to direct staff to begin the preparation of this ceremony. CM 8-25-87 Page 8 Mayor Cleveland so directed. VIII. ORAL COMMUNICATIONS A. Walter Fong, 1000 San Gabriel Boulevard, (owner of the property on the corner of Walnut Grove and San Gabriel) asked the Council that since mini-malls were not allowed if a McDonald's Restaurant would be considered. Councilman Taylor stated that if it were a legitimate request, it would have to go through the permit process. He recommended that Mr. Fong present a proposal to staff. Councilman Bruesch was concerned with what kind of development would be done on that particular corner. He wanted to be sure that the existing traffic problems would not be worsened and that the Planning Department should keep this in mind. Councilman Imperial asked if an office/condo development was planned for that corner. Mr. Fong stated that was the original intention, but that he did not feel that offices would be appropriate there, now. He went on to say that McDonald's is interested in that location, even though there are already two McDonald's elsewhere in the City. Councilman Taylor felt that this was a choice commercial corner. He did not feel that drive-thru lanes were desirable on a busy corner, and he cited the problems with In-N-Out Burger, at the corner of Rosemead and Mission, when at peak times, the traffic is backed-up onto Rosemead Boulevard. Councilman Taylor stated that on-site parking would be preferred to drive-thru. Frank G. Tripepi, City Manager, suggested that Mr. Fong develop his plan and submit it to the Planning Department. An EIR, concerning traffic flow, would be done at that time. There being no further action required at this time, the Council Meeting was adjourned to September 8, 1987, at 8:00 P.M. APPROVED: Respectfully submitted: A R CTING CI CLERI CN 8-25-87 Page #9