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CC - 09-10-85• APPROVED CITY OF ROS"MEAD DATE T3Y MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL SEPTEMBER 10, 1985 AT 8:00 P.M. The Regular Meeting of the Rosemead City Council was called to order by Mayor Tury at 8:10 p. m., in the Council Chambers of City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Councilman Cleveland. The Invocation was delivered by Reverend Paul Bengtson. ROLL CALL OF OFFICERS: Present: Councilmen Bruesch, Cleveland, Imperial, Taylor, and Mayor Tury Absent: None APPROVAL OF MINUTES: JULY 30, 1985 - ADJOURNED MEETING Councilman Taylor requested that these minutes be deferred to the next meeting. There being no objection, it was so ordered. APPROVAL OF MINUTES: AUGUST 27, 1985 - REGULAR MEETING Councilman Bruesch requested that a statement that he made regarding the proposed high school be placed into the Minutes. There being no objection, it was so ordered. II. PUBLIC HEARINGS A. PUBLIC HEARING TO CONSIDER AN APPEAL TO PLANNING COMMISSIONS DECISION TO DENY CUP 85-323 TO INCREASE SEATING IN THE SEVENTH DAY ADVENTISTS CHURCH AT 4203 ROSEMEAD BOULEVARD Mayor Tury stated that the Public Hearing was now open and inquired if there was anyone in the audience who would care to speak regarding this matter. Marlene Roth, Planning Consultant, 20 E. Colorado Blvd. Suite #3204, Pasadena, spoke on behalf of the request for ex- pansion of the Seventh Day Adventist Church at 4203 Rosemead Boulevard. She commented that the Code allows for parking within 500 feet of the site, and there has been 20 spaces allowed by First American Bank, and would like to continue with the re- lationship with the Church. It was the intention of the Church to acquire the adjacent residential lot at the time they acquired the church site; however, the site is being used by the Lutheran Minister as his retirement residence and was not sold to the Korean Seventh Day Adventists Church. She stated that the cur- rent capacity of the Church is 170 seats with 24 parking spaces, and the request is to expand the church to 200 seats with an addi- tional 20 parking spaces for the added 30 seats. She added that the Church has made an above market offer to the adjacent property owner; however, has not received a response from the current owner. Councilman Bruesch inquired if the building was going to be expanded to accommodate the 30 extra seats. Ms. Roth stated that the building was being expanded to the rear. Councilman Taylor commented that his main concern was the purchase of the adjacent property and if there had been a good faith effort at the time the original church site had been pur- chased and if the Council allowed this expansion, there would be even less leverage of the.church'needing the property. CM; 9-f0-85 Page #1 U 0 Councilman Imperial inquired how long the services last. A lady from the audience stated that they last from 9:00 - 12:00. Councilman Imperial stated that based on that information he felt that their congregation be broken up into two separate services. One could be from 9 to 12 and the other could be from 12 to 3 or 4, and postpone this building until such time that they can acquire the- building next door. Councilman Bruesch suggested carpooling as a solution to the parking problem. Mayor Tury stated that the City requires so many parking spaces for so many seats. Councilman Taylor inquired what specific damages would hap- pen to the church at this time if no action was taken or it was postponed.or uphold the Planning Commissions decision. Ms. Roth stated in answer to Councilman Imperial's question and to Councilman Taylor's question, that it would not be easy to break the services into a number of sessions, and the impact would be an uncomfortable situation because it would be very crowded. Councilman Imperial stated that he could see no reason why separate services could not be held until the problem was resolved. Mayor Tury inquired if there was anyone else who would like to speak regarding this matter. There being none, stated that he would like to place the letter from the First American Bank into the record and also a letter from a resident... _ A F1 ST MiMR,ICAN ****BANK 8917 E. VALLEY BLVD. P.O. BOX 549 ROSEMEAD, CA 91770 213/287-6100 September 9, 1985 Honorable Mayor Louis Tury and City Council City of Rosemead 8838 East Valley Boulevard Rosemead, CA 91770 RE: ROSEMEAD KOREAN CHURCH CONDITIONAL USE PERMIT APPLICATION Gentlemen: It has come to our attention that the Planning Commission denied the request of the Rosemead Korean Seventh-day Adventist Church for a Conditional Use Permit to expand the existing sanctuary and that the denial was based on the lack of sufficient parking spaces on the property. On April 10, 1985 we entered a Covenant and Agreement for community parking with the Rosemead Korean SDA Church which provides 20 slots during designated hours on Friday evenings and on Saturdays for their use. We have been very well pleased with the implementation of this agreement and look forward to a long and happy relationship. . We are impressed with the improvements they have made at the church site and feel that their presence is an asset to the community. And in view of the off-site parking arrangements, the expansion for 30 additional seats should not create a parking problem. Therefore, we hereby register our support of the appeal and the approval of the Conditional Use Permit. Sincerely, V W. L. O'Mara President, C. E. 0. Chairman of the Board CM 9-10-85 Page #2 9 e=1 i~.0."e0'? ~ ? `.O S°;'!^o,G., I'U.Dl1C T?,- 4 •0 _.t. , Ot.t..` CO1CC ne,. oi-l'Vors 0'• this rel.i C_ eT, ^^j?0 t'1C C Ve ?loi 0!tyl; SO v 1 ^G 1dl;n. Y? P'.511 S'.-. arc, '7]. ^.C C'.Sj.ll CM, to S1- / th'_'Ol'i ti101~ i,CfUZe 0-1 tl?e ].C': 1; r'1'-ir 'veeri aEcrs CC3:.r, C'1_ Oil v':.1lda`. L?or?1111 and play; la oil the c' ,1=1' lot, Eetc'-- ^;,11 the 11e~ t_ :C 1)C0_,] c Oi. !itl i. 1. C 11 ^C ° U harC.1 r ten,. ten - . Gl." C O:;-e. nev= Laa c;l- ^_oble-:e file io!'.°^ r- ^':"e l,•L-l'-i'_e ral2C `:!Cr C- CL'cl of 2.iiv~_ COI1C ^r21e Ci _.C OUt is _n:_^ 12e1=~'.: o_i. . i n sda-i, I thor '-ht tt C Oi_CI U C v 7 Ca?1710 be G.t the meetiri Ot. _Lle e' 1. St10Ul(a. bB ?10ted vCCaLLSe t:I?@=? ~II ej` ~ u t:lhat St1Cjr F; lilt, r„- ~:--ev „ r7et more a-.,id more hard to live with and Il1ore c"^TO~c.r Sine erely j_ %2. Mayor Tury closed the Public Hearing since no one else care to speak regarding this matter. Councilman Bruesch stated that he too had gone through the pain and hardship of finding a new church site because his church had grown too big for its bounds. He remembered the many, many years of searching for a new site and he knew what these people are going through. That was the reason he had suggested carpool- ing. He knows how a tightknit congregation feels when they need more space, and then they finally find the place and it still doesn't really adequately meet their needs. He stated that he would like the staff and these people to.work out a program where they can meet the requirements and still have their expansion. He felt that the expansion was needed now, and he recommended that they be allowed to expand and using the bank parking. Councilman Imperial stated that he felt that they should alter their services so that the parking problem can be resolved. Parking in the area has been bad, and he did not feel that any more problems should be added to what there is now, and that by alternating services in order not to lose any church members, at least until they could come up with adequate parking. He re- commended that the Planning Commission's decision be upheld. Mayor Tury stated that he felt about the same as Councilman Imperial. He felt that there were alternatives to the problem. He felt that it would be poor planning to give occupancy permits and building permits where there is a lack of parking and.there are traffic problems. He stated that it is difficult to tell a church that they cannot expand; however, they have to realize that they have a duty to the.community to live within the rules that everyone else has to live within too. Councilman Taylor suggested that if this:item was brought back,fees could be waived.after a cooling off period, after the property next door has made a.decision whether to sell or not. He felt that if this was approved tonight, it would then be a dead issue. There would be no need to bring it back to the City Council or even to acquire the property next door. Ile felt that at this point there is a business transaction that is still going on between the Church and the property next door. He com- mended the First American Bank for trying to help. He felt that this issue should be deferred to see what transpires and Council- man Imperial's recommendation of alternate services is used by many churches. He stated that when he had asked Mrs. Roth if there were any specific damages to the church if this was not approved, and none was given to the Council. He felt that either deferring action or upholding the Planning Commissions decision would be appropriate. CM 9-10-85 Page N3 Mayor Tury recommended that the Planning Commission's decision be upheld and the fees be waived on a reapplication at such time that the church has the appropriate parking. Robert Kress, City Attorney, stated that the motion would be to uphold the decision of the Planning Commission, deny the Conditional Use Permit without prejudice to a future application at such time that there is a change in circumstances and further in the event that.there is such a reapplication, that it be with- out fee. Mayor Tury inquired if that was alright with Councilman Imperial. Councilman Imperial agreed. MOTION BY COUNCILMAN IMPERIAL, SECONDED BY MAYOR TURY that the Planning Commission's decision be upheld, the Conditional Use Permit be denied without prejudice to a future application at such time there is a change in circumstances and further,in the event that there is such a reapplication, that it be without fee. Vote resulted: .AYES: Councilmen Cleveland, Imperial, Taylor and Mayor Tury NAYES: Councilman Bruesch ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Imperial stated that he was sorry and hoped that the Church members understood the Council's position, and he under- stood theirs, and wished God's blessing on them. Councilman Taylor stated that as far as he was concerned if this comes back, whether it is in 4 months or 6 months, his main objective was to allow the church the opportunity to ac- quire that property in a cooling off period. He felt that right now leverage is being lost and the City no longer has control over it and hopefully, it will work out where the church can acquire that property at a reasonable price. Councilman Bruesch requested that the record show that his "no" vote on the issue was due to the fact that he realized that this move from the old site to the new site is not something that you come upon very quickly. Most likely the idea was to have a larger congregation up there in the first place and he just could not see preventing the needed expansion at this time due to the parking problem. Mayor Tury stated that he felt very strongly that this is a problem that can be resolved by alternating services or by acquiring parking, and he agreed with what Councilman Taylor stated, that if expansion was allowed without the parking there would be no real need to acquire the parking at a later date. He hoped that the church members understood that, and he hoped that they would return shortly with a resolution to their pro- blem. B. PUBLIC HEARING TO CONSIDER APPEAL TO PLANNING COMMISSION'S DECISION TO ESTABLISH A CHURCH AT 3015-3021 SULLIVAN AVENUE. Mayor Tury stated the the quired if there was anyone in regarding this matter. Tom Matlok, Architect and on behalf of the Chinese Hope felt that they had developed of the Code of the City. public hearing was now open and in- the audience who would care to speak Builder, 502 W. Holt, Pomona, spoke Baptist Church and stated that they i plan that met with the requirements Mayor Tury inquired if he was correct in that both houses would remain and be used as offices and classrooms and the storage shed in the back would be removed, and then the big garage would be expanded as the sanctuary. Mr. Matlok stated that was correct. CM 9-10-85 Page #4 . 9 0 Doris Karns, 9047 Garvey Avenue, spoke against the establish- ment of a church at 3015-3021 Sullivan and felt that it was not compatible with the neighborhood and felt that Sullivan was too narrow and the additional traffic would cause further problems. Elizabeth Houchen, 3027 N. Sullivan, stated that the state- ment made by Mrs. Karns was the opinion of most of the residents of that area of Rosemead. She also felt that there was no room for more cars traveling on Sullivan trying to get on Garvey Ave. Charles Hanna, 3021 Sullivan, owner of the property, stated he was running a business from that site, and felt that he was very familiar with the area and stated that most the traffic that is a problem is during the week and he felt that with a church the major activity would be on Sundays and possibly in the evening during the week. He did not feel that it would add to the traf- fic problem because of the timing. He stated that there is ade- quate on-site parking to meet the code requirements. Warren Davis, 3026 Sullivan, stated that the street was too narrow and with cars parked on each side, a.car would have diffi- culty in manuevering if a child was to get in the way. Dean Jong, 3034 and 3036 Sullivan, stated that because there are so many cul-de-sac streets in the area many of the residents have to use :Sullivan to get to Garvey and it is over-crowded and the traffic is bad. Ruth Wright, 3107 Sullivan, commented on the 25 parking spaces that have been allocated for the Church on-site and that is consi- dered adequate with five people to a car; however, she felt that it would be most unusual to have five people to a car and.therefore those spaces would be far from adequate. She felt that even on Sunday there was much too much traffic on Sullivan already. Mayor Tury inquired if there was anyone else who would care to speak regarding this matter. No one came forward and the Public Hearing was closed. Mayor Tury stated that he has lived in that area all of his life, and he added that the La Victoria Trucks also use Sullivan and the alley during the week and the overflow from the Fantasy Restaurant on Friday and Saturday nights are on those streets. He stated that the only day that those residents in that area have is Sunday that is somewhat tranquil, and he urged that the Council turn down the establishment of this church so that a bad situation is not made worse. Councilman Imperial agreed with Mayor Tury's statement and felt that the Council is obligated to the well-being and emotional health of the residents of Rosemead. He did not feel that Sullivan was not the proper place to put a church. MOTION BY COUNCILMAN IMPERIAL, SECONDED BY MAYOR TURY that the appeal to the Planning Commissions decision be upheld and that the establishment of a church on Sullivan Street be denied. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Mayor Tury requested that list of signatures presented by Doris Karns be made part of the record and be placed in the Minutes. 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I I I I ! e i i \ i ! I I, I j ~ I 9J i \ (J! \ j QS1 a 4 C V I , JJJ~ w ~ CCC))) I Q II V_ I C3 6 ; i f -7~ Alt a v m ca ro ri a U f~ U 0 O N ro a N rl E1 E .ge N 16` • III. LEGISLATIVE A. RESOLUTION NO. 85-40 Councilman Bruesch inquired about the CDBG List and did not see any improvements made at some of the sites. He thought that Commercial/Residential Rebate Program was to spruce up and refurbish the building, and he has not seen that at 8604 Garvey, Leonard's Liquor. Mayor Tury stated that the parking lot and the landscaping have been improved. Councilman Bruesch requested that the record show that he is in favor of the program as long as it improves the appearance of that business sector down there, and he hoped that parking lots would not be the only improvements. He felt that that was needed; however, not as necessary as facade improvements. Jim Guerra stated that initially the improvements were for parking lots only; however, most of those in progress now do in- clude some form of facade improvement. Councilman Taylor agreed with Councilman Bruesch's statement in that the parking lot improvement would be rated 207 and the building improvement the remaining.80%. He inquired what percentage of the cost of the improvements are rebated to the owners. Jim Guerra stated 50% is rebated, for up to $30,000 of property improvement. This would allow up to $15,000 for the rebate. Mayor Tury stated that he would prefer improvement on the building facades; however, if the owner feels that the parking lot is their major concern at this point and that this would help them to improve the facade at a later date and the City could en- courage that. John Carmona, Planning Director, stated that he was part of the committee that reviews these sites. He commented that Leonard's Liquor added landscaping to the parking lot improvement and is now in the process of being reviewed for painting the entire building, and improvements to the appearance of the building. He stated that if all the things that are being discussed are done, there should be a dramatic change seen. He stated that the rebate program is to entice investment in their property. Councilman Imperial stated that he felt that if someone comes in to improve a parking lot, there should be some effort made to get the owner to improve other things also. He felt that was not the intent of this rebate program. Mayor Tury stated that a study session should be set up re- garding what has transpired in the program and what direction it is taking. Councilman Taylor requested that along with the information requested by the Mayor, he wanted to have a comparison made as far as the Handyman program and the Commercial/Residential Rebate Program on the eligibility requirements. He felt that there was a big disparity in the requirements between the two program. Jim Guerra stated that the only requirement was that the business be within the target zone, and there is no requirement of age or income as in the Handyman program. .Mayor Tury stated that this rebate program was to entice the absentee landlord into fixing up his property for the bene- fit of the entire City. He added that a"Study Session should be set to study the facts and the Council's concerns can be ex- pressed at that time. Councilman Bruesch inquired about 614831 and asked if the welding, done was on the boxes of recreational material, and in- quired if they had been vandalized. CM 9-10-85 Pg.#17 Michael Burbank stated that they were recreation boxes and one was a broken door lock. The following Resolution No. 85-40 was presented for approval: RESOLUTION NO. 85-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $207,230.73 NUMBERED 9541, 9543-9555, 14818 THROUGH 14915 INCLUSIVELY MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that Resolution No. 85-40 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Taylor requested that the record show that he still has opposition to the rebate program and he felt that the Mayor's idea of having another Study Session is an excellent one. IV. CONSENT CALENDAR (CC-E Deferred) CC-A ACCEPTANCE OF ROAD DEED/RIVER, STINGLE, FERN STREET IMPROVEMENT PROJECT CC-B ACCEPTANCE OF WHITMORE (NEW-JACKSON) STREET IMPROVE- MENT PROJECT CC-C CITY CLERK'S REQUEST FOR VACATION CC-D ENGINEERING PROPOSAL FOR BENTEL (ROSEMEAD-IVAR) PHASE #1 CC-F AUTHORIZATION TO PURCHASE VEHICLES FOR PARKING CONTROL PROGRAM CC-G AUTHORIZATION TO ATTEND CCCA FALL SEMINAR, OCTOBER 18-20, 1985 MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that the foregoing items on the Consent calendar be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CC-E ENGINEERING PROPOSAL FOR TRAFFIC CONTROL DEVICE DESIGN/ WILLIAMS SCHOOL Councilman Bruesch stated that he could probably see that a flashing light and sign could cost $12,000; however, could not see why the engineering portion should cost $2500. He stated that he.was in favor of the sign and he felt that a traffic control device was needed there, but he did not feel that the engineering alone should be so expensive. Ed Cline, Traffic Engineer, stated that although this is a low cost project, it would still require a certain amount of investi- gation, administration, and inspection for this project. MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CLEVE- LAND that the engineering proposal for traffic control device design at William School be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Taylor stated that he shared some of the concerns that Councilman Bruesch had. V. STATUS REPORT A. WHITMORE ALLEY VACATION ENGINEERING PROPOSAL Mayor Tury stated that until the High School site has been decided that the Whitmore Alley.vacation should be deferred. There being no objection, it was so ordered. CM 9-10-85 Page #18 VI, ORAL COMMUNICATIONS Ruth Albert, 8744 Scott Street, stated that she and Jim Guerra have straightened out a few things. However, at this time she wanted to talk about Congressman Matthew Martinez who has taken time to do something for her and also John Hernandez from his office. She also appreciated John Steelesmith's efforts on her behalf and she stated that he had done his best to be of help to her. She requested that a letter be written to them. Mayor Tury stated that he would write a letter to Congress- man Martinez and straighten out the situation, and would express Ms. Albert's appreciation to him. He stated that he sees John Steelesmith a lot and he would just tell him what a nice guy he is. Harry Rimbaugh, 3422 N. Earle, stated that he had noticed some things that need cleaning up. He has seen a car parked on a lawn at 3309 Stallo all day. Mayor Tury stated that sometime next month, the City would have their own parking control officers and the coverage should be much better. Mr. Rimbaugh stated that there are two cars with expired. licenses that are parked at 8267 Artson, at the rear of 3368 Angelus they are using orange crates and pallets as a fence,and at 3403 Earle it is an unsightly mess. Mayor.Tury stated that the property owned by Mr. Dixon at 3403 should be checked out again by the Rehabilitation Inspector. for additional violations. Mr. Rimbaugh stated that at the end of Delta where it runs into Earle there are six trash cans that are always there, and are never removed. Mayor Tury stated that he appreciated these matters being brought to the City's attention, and requested a copy of the list and would see to it that these problems are taken care of. VII. MATTERS FROM OFFICIALS A. Councilman Bruesch stated that there has been an increase in truck traffic at the nursery at Wells Street late at night, and requested that staff check this out. B. Councilman Bruesch stated that there is a house just south of Wells and Walnut Grove, and food is being stored there for a market and a large amount of food is being hauled out late at night. C. Councilman Bruesch stated that he had attended at the Garvey School Auditorium a program called "Safe Child". He stated that Deputy Baltazar commented that the Sheriff's Department has available a series of three films on child abuse and.ways to pre- vent it, and when he was asked about getting it for the Rosemead area, he was told that it would take months or a year because of the demand throughout the County for it. Councilman Bruesch in- quired if money could be expended to get.copies of the films to be shown by Deputy Baltazar to community groups. Mayor Tury stated that Councilman Bruesch should prepare a written proposal and it would be handled without any problems. C. Councilman Taylor commented on the daily Dial-a-Ride Reporting System. He stated that it was similar to those re- ceived in the past, and would like to have a copy of the daily reports. Mayor Tury directed the staff to prepare a daily report like the one Councilman Taylor has if the Dial-A-Ride Company cannot do it. CM 9-10-85 Page #19 I D. Councilman Imperial requested an update on the Cal Trans Yard by the next Council Meeting. E. Mayor Tury stated that he had met with a member of the State Allocation Board, and stated that a memo had been written regard- ing this matter; and he would be happy to respond to any one on a one on one basis. He also stated that he had two conversa- tions with two members of the Garvey School Board today, and they both said that they would like to meet again and talk about the Fern School and a few of the other problems that are arising. Mayor Tury requested the Council's permission to write to John Nunez, President of the Board, and ask if he feels a meeting would be beneficial to both parties and if so a joint meeting will be set up. Councilman Taylor stated that he has not seen a response from them and he agreed with Mayor Tury that a letter should be written to the Garvey School Board and that their response should be put in writing. Robert Kress, City_Attorney, stated that a counter-proposal has been prepared and he.felt that the Council should study. it and become familiar with what at least the staff feels is important before the.joint meeting is held. F. Mayor Tury inquired about the Commercial Rehabilitation re- garding the Randolph Glass Company, and stated that there was sup- posed to be a drainage plan drawn up on that before much'nior.e work is done, and he was curious about that. Jim Guerra stated that the project is on hold, waiting for the drainage study. Mayor Tury stated that he would appreciate a memorandum re- garding the status on that project. There being no further business to handle the Council Meeting was adjourned to the next regular meeting on September 24, 1985 at 8:00 p. M. Respectfully submitted: Ci Clerk APPROVED: / MAYOR CM 9-10-85 Page =20