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CC - 09-25-84b~ P; I-Ai,1AO-. CITY OIL FLOSI-EAlEAD DATE /D - 9-ASS q f.y, /~adirLOJ MINUTES OF THE REGULAR MEETING. ROSEMEAD CITY COUNCIL SEPTEMBER 25, 1984 AT 8:00 P.M. The Regular Meeting of the Rosemead City Council was called to order by Mayor Taylor at 8:10 p. m., in the Council Chambers of City Hall, 8838 E. Valley Boulevard, Rosemead. The Pledge to the Flag was led by Mayor Pro Tem Tury. The Invocation was delivered by Reverend Walt Jackson. ROLL CALL OF OFFICERS: Present: Councilmen Bruesch, Cleveland, Imperial, Tury and Mayor Taylor Absent: None APPROVAL OF MINUTES: SEPTEMBER 11, 1984 - REGULAR MEETING MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN IMPERIAL that the.Minutes of the Council Meeting of September 11, 1984 be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. PRESENTATIONS: Mayor Taylor presented a proclamation for "National Employ the Handicapped Week" from October 7 to 13, 1984 to Jack Hugh on behalf of the City Council of the City of Rosemead, and pic- tures were taken with the Mayor. Jack Rugh,representative of the West San Gabriel Valley's Mayor's committee for employment of the handicapped, expressed his appreciation to the Council and presented a message regard- ing the activities of his organization. Mayor Taylor presented a proclamation to Yvonne Smugler, Director of.the Wings Shelter, proclaiming October 8 to 14, 1984 as "Domestic Violance Awareness Week" in the City of Rose- mead, and pictures were taken of the Mayor and her. Ms. Yvonne Smugler expressed her appreciation to the entire Council and urged that they watch Channel 4 on October 8, 1984 which will have a showing of "The Burning Bed" with Farah Fawcett. Mayor Taylor presented a proclamation to Lt. Tom Johnston of the Temple City Sheriff's Department honoring him for the 25 years with the L. A. County Sheriff's Department and his dedica- tion to the City of Rosemead, and.pictures were taken of Lt. Tom Johnston with the City. Council. Lt. Johnston expressed his surprise and pleasure at receiving this proclamation commending him for his efforts in the City of Rosemead and introduced his successor, Lt. Volker Niewisch to the City Council and the audience. I. ORAL COMMUNICATIONS A. Holly Knapp, 8367 E. Whitmore Street, expressed her:ap- preciation to the City for the lovely Sunday evening and commended the staff and the Sister City Committee for the outstanding affair. Holly Knapp, also, expressed her appreciation for being sent by the City as a representative to the We-Tip Convention in Ontario, and felt that it was very exciting and informative. She stated that she went to the Garvey School Board, Alhambra School Board and the Rosemead School Board with the information regarding crimes against children and would also be going to the El Monte Union High School Board Meeting with some of the same information urging them to pass the information on throughout the community. CM 9725-84 Page #1 Councilman Bruesch stated that Mrs. Knapp would be happy to know that the Garvey School Board presented all the teachers in the Garvey School District with packets regarding the information that she had presented to the Board, and that she had some effect already in their schools. II. PUBLIC HEARINGS A. PUBLIC HEARING TO CONSIDER THE VACATION FOR AN ALLEY 100' SOUTH OF VALLEY BLVD., EAST OF RIO HONDO AVENUE Mayor Taylor opened the Public Hearing and inquired if there was anyone in the audience who would care to speak regarding this matter. No one came forward, and the Mayor closed the Public Hearing. Councilman Cleveland stated that Mr. Jack Nugent requested the withdrawal of the request for vacation. Councilman Tury requested the back-up information of the Planning Commission's actions in a memo form to see what the staff report was and to see what the discussions were on the part of the Planning Commissioners and to see why that decision was made. Mayor Taylor requested that the City Manager check on that information and prepare a report on what the discussion was and the reason for it. Frank G. Tripepi, City Manager, stated that he would provide the Planning Commission's discussions along with the staff report and the decision of the Planning Commission. No further action was taken on this item. B. PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF NORWOOD PLACE (110' NORTH OF MARSHALL, EASTERN EXTENSION OF NORWOOD PLACE TO EDISON POWER LINES) Mayor Taylor opened the Public Hearing and inquired if there was anyone who would care to speak regarding this matter. No one came forward. Frank G. Tripepi, City Manager, recommended that the Public Hearing be continued to November 13, 1984 at 8:00 p. m. There being no objection, the Hearing was continued to November 13th. E. PUBLIC HEARING TO CONSIDER APPROVAL OF TENTATIVE TRACT #43336 NEGATIVE DECLARATION FOR PROPERTY LOCATED AT S/W CORNER OF GARVEY/RIVER AVENUE. Mayor Taylor opened the Public Hearing and inquired if there was anyone who would care to speak regarding this matter. ing. No one came forward, and the Mayor closed the Public Hear- MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN BRUESCH that tentative Tract #43336 and the Negative Declaration be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Bruesch inquired if there was going to be more than one driveway on the site. John Carmona, Planning Director, two driveways serving the property on Garvey. He stated that the one furth restricted to right turn only because intersection. stated that there the north side fr =st to the east is it is so close to CM are :)nting being the 9-25-84 Page #2 0 Councilman Bruesch stated that he felt that problems may be caused by allowing ingress into the most easterly driveway and felt that it should be restricted also. He suggested that the Traffic Commission should check the traffic flow on Garvey to see if there is a way to restrict the left-turns. C. PUBLIC HEARING TO CONSIDER THE APPEAL TO PLANNING COMMISSION'S DECISION TO DENY ZONE VARIANCE ON 2ND LOT FROM S/E CORNER OF DELTA & FERN AVENUES. Mayor Taylor opened the Public Hearing and inquired if there was anyone in the audience who would care to speak regarding this matter. Paul Hwee, 2204 South Winthrop Dr., Alhambra, explained the reason for the appeal request so that he may build a single-family home with yard set-back variances. He felt that he had met all standards required for granting a variance, and he stated that at the present time, the lot is vacant except for weeds and trash. Mayor Taylor inquired if Mr. Hwee had been given any alterna- tives of what could be done with this lot. Mr. Hwee stated that there had been no suggestions given to him, and the variance request was denied because the lot simply did not meet the 6000 sq. feet requirement which is required in the Zoning Ordinance. Councilman Bruesch inquired about the ownership of the lot, and if there was a settlement of the price. Mr. Hwee stated that in the Escrow instruction it states that he would be purchasing the property subject to the approval of the City to build a home on the site. He stated that escrow has been opened and a price of $13,500 has been agreed upon. Councilman Bruesch requested a copy of the escrow papers. He inquired if it was true that when a portion of County land was annexed, that the lot sizes and legality of the lots were grandfathered in. Robert Kress, City Attorney, stated that as a basic state- ment it is true, however, that only speaks to the fact that it is a lot, and now it has to be decided if it can be built with these particular plans, and the zoning ordinance does apply in the case of set-backs and that is what is being requested by these set-back variances. Councilman Imperial inquired if Mr. Hwee was going to live in the house that is being proposed. Mr. Hwee stated that either he or his parents would live there. Mayor Taylor inquired if anyone wanted.to add anything else. Mr. Hwee stated.that the major variance that is being re- quested is a 5 foot variance in the front and the garage will have a 20 foot set back from the front of the property and the rear yard will need a 3 foot variance and will not be infringing on anyones privacy. Mayor Taylor closed the public hearing. Mayor Taylor stated that the decision to be made is to leave this property as a vacant weed patch or make some variance accept- ances. Councilman Imperial stated.the fact that the property is a weed.patch should not be the concern since there are means to remedy that situation; however, what should be considered is if this is a smaller than a standard size lot, an over-building on this lot and possibly a blighted situation because of that. He did not know if a precedent should be set with this property. CM 9-25-84 Page N3 Mayor Taylor did not feel that this would be setting a precedent and he knew of situations where this has been done in this City. Councilman Tury stated that he did not have a problem in granting any of the variances; however, he did have a pro- blem with building on a 2,000 sq. foot lot. Councilman Cleveland stated that if the lot were larger he would have no difficulty in voting for these variances; how- ever, with a lot this size, he felt that it was like opening pandoras box. Councilman Bruesch stated that he would like it if the neighbors around that parcel would purchase it and add it to their property and have that vacant parcel taken off that par- ticular street; however, it does not look like that will happen. He added that whether it is weed-filled or cleared it is still a vacant lot in a residential neighborhood. MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN TURY that the decision of the Planning Commission be upheld and to direct the City Attorney to prepare a resolution to be brought back to the next meeting. Mayor Taylor stated that he had some reservation about this small lot; however, he had looked at condominium developments: through out the City where there are very minimal-set-backs depending on the number of units going in. There have been very minimal back- yard set-backs. John Carmona, Planning Director, stated that there have been some with as little as 7 or 8 feet. Mayor Taylor stated that he does have reservations regarding a 2200 sq. foot lot; however, this would be an improvement over having a lot just sitting there almost totally useless. He wanted to do something to make it a worthwhile project. Councilman Bruesch stated although these are five foot set- backs on the sides of the house; however, they are a much greater distance from the neighbors houses and there would be no people peering into anothers bedroom. Councilman Tury requested that this item be held over to the next meeting in order to find out if there is anything that can be done to make the project a bit better. He stated that he would withdraw his "second". Councilman Imperial stated that he firmly believes what he had said earlier; however, in order to give courtesy to the City Council he would withdraw his motion. Mayor Taylor declared the Public Hearing re-opened and continued to the next meeting which will be held on October 9, 1984 at 8:00 p. m., in the Council Chambers. Councilman Imperial requested any other additional informa- tion that has not been discussed at this meeting. Mayor Taylor requested from Mr. Carmona any other information and some examples of what has been done as far as set-backs in order to work out the situation as well as possible to get some sort of improvement. D. PUBLIC HEARING TO CONSIDER AN APPEAL TO THE PLANNING COMMISSION'S DECISION TO REQUIRE "LOT #1 TO DRAIN TO IVAR SO THAT THERE WILL BE NO PONDING" AT 3242 IVAR/ 8920 BEATRICE PLACE (PARCEL MAP #16424) Mayor Taylor opened the Public Hearing and inquired if there was anyone in the audience who would care to speak regarding this matter. CM 9-25-84 Page'#4 Mr. Gustavo Olmos, 1661 Spruce Street, So. Pasadena, owner of the property, stated that the Planning Commission had required eight conditions to the approval of the parcel map #16424, and of these eight conditions he felt that seven were very reasonable and logical. His appeal is directed to the condition #5 which he had not known about prior to the Planning Commission's hearing. He stated that as the owner of lot one and two, he is in the process of drafting an easement granting drainage rights from lot #1 to lot #2 and from lot #2 to Lot #1, thus, any future owners. will be fully aware of this condition,.through the County Records. Richard Carter, 141 Waverly Drive, Alhambra, read an affidavit from Seferina Carrillo,stating that she was in the process of pur- chasing the house at 8920 Beatrice Place.which she is now renting from Mr. Olmos. This letter stated that she had no objections to let the natural slope of the two properties remain as they are, and in fact, she would strongly oppose any changes or construction of retaining walls on such properties. David Grantz, 5248 Huntington Drive, Los Angeles, licensed land surveyor and project engineer for Mr. Olmos, presented a map of the site to the Council showing the proposed conditions in lieu of Condition #5. He stated that in addition to preparing the tentative.tract map, he was again retained by Mr. Olmos to investigate possible alternate solutions to a possible ponding problem on the subject property. He had the property surveyed and elevations have been taken and there was no evidence of pond- ing, and there is sufficient slope to the land in the direction that it has been flowing for tens of thousands of years. In heavy cloud burst there could be ponding of the property and he came up with an alternate solution. He commented that the features which are highlighted in red are the conditions required by the Planning Commission. If this was done, a 5'6" engineered retaining wall would have to be constructed and in addition on each side of the property a wall would have to be constructed from 516" to 1' as it goes toward the street. This would be over 260 lineal foot of retaining walls, and this red.area would have to be compacted fill. This was proposed to alleviate a problem that they had not observed. The engineering cost for the retaining walls, the fill not including engineering drawings are in the neighborhood of $12,000. He stated that the alternate solution to solve any possibility of ponding is quite simple and is shown in yellow on the map. He stated that in addition to the construction of the house,the rear yard and side yard of the pad would be graded to drain to a.collector point shown in yellow where a 1z foot wide standard "V" ditch would be constructed to carry the water approx- imately 35' across the dirt yard and on to the existing concrete driveway which now carries the water to Beatrice Place. Mayor Taylor thanked Mr. Grantz and inquired if there was anyone else who would care to speak regarding this matter. No one came forward and he closed the Public Hearing. Mayor Taylor inquired about the natural drainage between Ivar and Rosemead Place from this particular site and the entire block. Mr. Carmona stated that the natural drainage of the entire block flows to the southeast. Mayor Taylor stated that this one lot would be the exception if a retaining wall was built and the drainage was reversed. Councilman Tury inquired if the lot would be sloped toward the northeast corner and there would be a collector there and another transfer at the back of the property across lot #2 and then to the driveway. Mr. Grantz stated that was correct. Mayor Taylor inquired where the water drained from the north end of the property. Mr. Grantz stated that it drained to the southeast, mainly to the east. CM 9-25-84 Page #5 L-A `J Frank G. Tripepi, City Manager, inquired of the Deputy City Engineer if the plan as submitted tonight by Mr. Grantz solved the problem. Tom Howard, Deputy City Engineer, stated that the grading plan as was proposed would solve the problem very adequately. Mayor Taylor stated that if there is a concrete gutter, it be continuous flow gutter. Councilman Imperial stated that the first problem similar to this was on Nevada Street and Muscatel, and the Council approved it and then it was found there was a problem.. The next time on Walnut Grove, there was another problem, an even greater problem than on Nevada and Muscatel. At that time it was decided that there should be experts handling these problems. Councilman Bruesch stated that items #6 and #7 are already in the check list and does not have to be added if condition #5 is removed as a requirement on Exhibit "A". Councilman Imperial stated that he would be amenable to having the engineering department look at this and give it back to the planning department. Mayor Taylor inquired if that would be agreeable to the Council. MOTION BY COUNCILMAN BRUESCH, SECONDED BY MAYOR TAYLOR that Condition #5 be deleted from the conditions of approval of Parcel Map #16424 and that the standard drainage and grading standards be required. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. III. LEGISLATIVE A. RESOLUTION NO. 84-51 - CLAIMS & DEMANDS RESOLUTION NO. 84-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING FOR CERTAIN CLAIMS & DEMANDS IN THE SUM OF $173,071.06 NUMBERED 9101-9112/12307 THROUGH 12388 MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CLEVELAND that Resolution No. 84-51 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. B. ORDINANCE NO. 572 - APPROVAL OF ZONE CHANGE FROM R-2 TO R-3 BETWEEN FERN AND GARVEY AVENUES ORDINANCE NO. 572 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING A CHANGE OF ZONE FROM R-2, LIGHT MULTIPLE RESI- DENTIAL, TO R-3, MEDIUM MULTIPLE RESIDENTIAL, FOR PROPERTY LOCATED ON WALNUT GROVE AVENUE BETWEEN FERN AND GARVEY AVENUES, OR MORE SPECIFICALLY AS SHOWN ON EXHIBIT "A" MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN IMPERIAL that Ordinance No. 572 be introduced on its first reading and the reading in full be waived. Vote resulted: AYES: Councilmen Cleveland, Imperial, Tury and Mayor Taylor NAYES: Councilman Bruesch ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. .Councilman Bruesch requested that the record show that he had very many reservations about changing zones in an area where the impact may yet be determined, and the Council should wait on the General Plan revision before anything is done such as this.. CM 9-25-84 Page #6 Mayor Taylor stated that he felt that this was very appro- priate and since Mr. Bruesch has not been involved with many of the other approvals so it is understandable that he would still have questions. Robert Kress, City Attorney, requested that the minutes reflect that Councilman Bruesch's "no" vote was a vote against the Ordinance and he is not requesting that the Ordinance be read in its entirety. IV. CONSENT CALENDAR CC-A APPROVAL OF FINAL PAYMENT AND ACCEPTANCE OF STREET IMPROVEMENTS ON GRAND AVENUE CC-B AUTHORIZATION TO ATTEND CHAMBER OF COMMERCE SEMINAR IN SOLVANG, OCTOBER 11-13, 1984 CC-C AWARD OF BID FOR MICRO PROCESSING SYSTEMS CC-D AWARD OF BID FOR CURB ADDRESSES CC-E AUTHORIZATION TO ATTEND CCCA SEMINAR IN AVALON, OCTOBER 19-21, 1984 MOTION BY COUNCILMAN TURY, 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. Mayor Taylor inquired what the original estimate was on the Microprocessing system. Frank G. Tripepi, City Manager, stated that it was esti- mated approximately $20,000 or $25,000. V. MATTERS FOR DISCUSSION & ACTION A. TRAFFIC COMMISSION REAPPOINTMENT Councilman Imperial nominated and reappointed Frank Larson as Traffic Commissioner, and stated that he felt that Mr. Larson has done a tremendous job on the Traffic Commission and was highly qualified as this is what he deals with as an occupation. Councilman Tury moved that the nominations be closed and cast a unanimous ballot for Frank Larson for another term as Traffic Commissioner, and Councilman Cleveland seconded that motion. Mayor Taylor congratulated Frank Larson on his reappointment to the Traffic Commission for another two years. B. CATV REQUEST FOR PROPOSAL Councilman Bruesch stated that he had some technical questions that needed answering; however, he would wait to a later date to ask them and possibly a study session could be set to clarify some of the technical language. Robert Kress, City Attorney, stated that he would be happy to spend some time with him to clarify any part of the proposal. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN BRUESCH that the Request for Proposals document be approved and staff be directed to immediately begin soliciting bids from the cable tele- vision industry with a filing deadline of December 3, 1984. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. C. Councilman Imperial requested an Executive Session prior to the adjournment of the meeting. CM 9-25-84 Page N7 MATTERS FROM OFFICIALS A. Councilman Tury requested that the City Attorney pro- vide his opinion of the State Law which prohibits local govern- ments from considering the sale of alcohol, which has been done by local government by the use of CUP's. This would be the time to work on the State Legislators to bring that control back to the cities. Robert Kress, City Attorney, stated that he would be glad to look into it. Councilman Bruesch stated there was an article in the L. A. Times regarding Redevelopment and there were some in accurate figures regarding the City of Rosemead. He stated that one of the inaccuracies was that Rosemead has a property tax and that 14% of that tax goes into the Agency. He would get a copy to the City Manager and possibly a little note could be sent to the Times stating that their facts need to be corrected. Mayor Taylor recessed the City Council.Meeting to an Executive Session. The Council Meeting reconvened from the Executive Session. Mayor Taylor called the Council Meeting back into session and inquired if the City Attorney had any comments regarding the executive session. Robert Kress, City Attorney, stated that the City Council met in closed session to discuss.a personnel item and no action was taken by the City Council at this time. B. Councilman Imperial requested an indepth study of the Retirement System for the City employees of this City by the City Manager. He stated that he did not like the plan and felt that it was not fair to the employees, and that it should be something better. He wanted some answers. Councilman Tury stated that from what he has heard there is a problem and he would like it documented. C. Councilman Bruesch stated that he would like a letter or proclamation sent to the Sister Cities Committee for the out- standing week of activities that they had been planned for all to enjoy. Councilman Imperial stated that it would be very appropriate to prepare a proclamation for their outstanding efforts. Councilman Tury stated that the proclamation be presented to the President of the Sister Cities Association, Judge Ray Galceran. Councilman Imperial stated that.he had requested that a proclamation be prepared for the Garvey District Council PTA and inquired what the status was on that request. Frank G. Tripepi, City Manager, stated that that is being put together. Councilman Imperial stated that he would like that presented at the next Council Meeting, and he felt that would help them in their membership drive. There being no further business to handle the Council Meeting was adjourned to October 9, 1984 at 8:00 p. m. Respectfully submitted: APPROV City erk 6-M-9-25-84 MAYO Page N8 Jr/