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CC - 03-10-81MINUTES OF THE REGULAR MEETING OF THE ROSEMEAD CITY COUNCIL U 14ARCH 10, 1981 AT 8:00 P. M. The Regular Meeting of the Rosemead City Council was called to order by Mayor Tury at 8:00 p. m., in the City Council Chambers of City Hall, 8838 E. Valley Blvd., Rosemead, California. The Pledge to the Flag was led by Councilman Cichy. The Invocation was delivered by Rev. Tom Phillips ROLL CALL OF OFFICERS: Present: Councilmen Hunter, Cichy, Imperial, Taylor and Mayor Tury. Absent: None APPROVAL OF MINUTES: FEBRUARY 24, 1981 - REGULAR MEETING Councilman Taylor requested that the word "home" be added after eight and the word "condominiums" be added after the word twenty six in paragraph three of page #2 of the February 24th Meeting. MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN HUNTER that the Minutes of the Regular Meeting of February 24, 1981 be approved with the addition of the words "home" and "condominiums" Vote resulted: AYES: Councilmen Hunter, Imperial, Taylor and Mayor Tury NAYES: None ABSTAIN: Councilman Cichy ABSENT: None Whereupon the Mayor declared said motion duly carried and so ordered. I. ORAL COMMUNICATIONS A. Rosemary Simmons and Charlotte Bland regarding relocation of econd hand store within City of Rosemead. This Item was requested to be deferred to the Council Meeting of March 24, 1981. II. PUBLIC HEARING A/ CONTINUED PUBLIC HEARING TO CONSIDER A REQUEST BY HARRY HIGLEY FOR A GENERAL PLAN AMENDMENT FROM LOW DENSITY TO HIGH DENSITY FOR PROPERTY LOCATED AT 8514-16-18 VALLEY BLVD., & 3899 WALNUT GROVE. Mayor Tury opened the Public Hearing and inquired if there was anyone in the audience who would care to speak regarding this matter. Margareta Ladyman, 8555 E. Guess Street, spoke in opposition to the request.. Marie Connelly, 8554 E. Guess Street, spoke in opposition to the request. Marvin Jorgensen, 8543 E. Guess Steet was also opposed to the request. Evelyn Hewitt, 8560 E. Guess Street was opposed to the request. Minnie Bucollo, 8561 E. Guess Street was opposed to the request. Ruth Batts, 8549 E. Guess Street, stated that she would rather have condominiums than apartment on the site. CM 3-10-81 Page #1 0 0 :.x Harry Higley, 2044rKirineloa, owner of the site, spoke in favor of the.general plan amendment which would allow the con- struction of condominiums instead of apartments on his property. Mayor Tury inquired if there was anyone else who would care to speak. No one came forward, and Mayor Tury closed the public hearing. Councilman Taylor requested that the transparency be put up again, and he stated-that the comment about the triangular shape parcel beingiideal for a: single family development as he had mentioned at one of the previous meetings, if you follow that same wash right on down through the City or go down to the Rio Hondo Wash (Alhambra wash) the point being this is similar to this where there are many R-1 and R-2 type properties where the driveways go along on the wash and they go back to the houses in the back. There is that type of use where it can be suitably developed. As far as the senior citizens aspect where they can come in and find affordable housing, most of these condominiums would start somewhere around $80,000 and a lot of them are up to a $110,000 or $125,000. In the City of E1 Monte on Peck, the City had a special project of 80 or 90 units and those were put in as affordable housing for senior citizens. These were around $70,000 or $80,000 but they were 2/3 or 3/4 vacant. The senior citizens could not even afford to move in. The City Council has an ordinance changing the age requirement down to 55 years old or 50 years old because the senior citizens could not afford these condominiums that were built to help the senior citizens. He felt that the comments he made at the previous meetings held regarding this matter, the property from Valley Blvd., all the way down to San Bernardino Freeway is all zoned R=1. It is a very compatible area, and the Fire Department and the Sheriff have both questioned the ingress and egress. He drove by the property again, and there is suppose to have a 35 foot easement, a combined 35 foot easement, the wash retaining walls sets eight to ten feet below the existing grade. Does the Flood Control have the easement adjoining the wall? Mr. Higley' stated that the Flood Control is a 60 foot area and they own it in fee. The channel itself is 50 feet with 5 feet on each side. Councilman Taylor inquired how is it to overcome that 8'.to 10 foot difference as far as ingress and egress. Mr. Higley stated that the requirement is 26 feet. Councilman Taylor stated that the rest of the 26 feet would leave 9 feet to make up that drop of 8 to 10 feet whatever it may be. Mr. Higley stated that it is possible that a retaining wall would be necessary but he did not think it would be necessary. Councilman Taylor stated that he looked at the other side,-- the ingress and egress next to the bridge and if'the property line is drawn straight out to the curb face. Mr. Carmona made reference to 7' feet, and inquired where that was measured from. Mr. Carmona stated that there was a telephone pole right on the corner, he measured from the property line to the flood control right of way improvement, the property line where the sidewalk meets the property. Councilman Taylor stated that he measured to the--curb face on out about 10 feet. He felt that this has not been resolved since it was first changed to R-3. His point is that the bridge goes on an angle to the Wash. If you get out into the street, the steel framework of that bridge follows the contour of that wash and how can they get a driveway into that type of situation. The bridge must be back 10 to 12 feet from the Wash wall. He is thoroughly opposed to the ingress and egress. He stated that figures were given that do not represent what is actually feasi- bility. CM 3-10-81 Page #2 • 6 He continued that it is said 35 feet but yet'-all along that Wash is 8 to 10 feet higher than the Wash wall and at the other end and it is said to be 7' feet but there is a 17 foot property line but does that drop down under the bridge into the Wash or 5 feet away from the Wash. It cannot understand what has happened in 19 years the problems and why that could not be developed. . Mayor Tury stated that unless the project meets these standards it will just not be built. If there is no ingress or egress where the Fire Department says it has to be it simply will not be built. Councilman Hunter inquired of Mr. Higley if a 15 foot driveway could be placed at the most southern boundary. Mr. Higley stated that there is 17'h feet from the pole to the Wash. Councilman Hunter requested that a covenant be signed by Mr. Higley if this amendment is approved that he would have a 15 foot driveway at the South boundary of the site. Mr. Higley stated that he would if that was necessary to re- ceive approval of the request. Councilman Taylor stated that based on the conversation that has taken place that he would like to make a motion. : t... MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that the Council initiate a Zone Change to bring into conformity with the General Plan which is R-1 Zoning. Vote resulted: AYES: Councilman Taylor and Imperial NAYES: Councilman Hunter, Cichy and Mayor Tury ABSTAIN: None' ABSENT: None Whereupon the Mayor declared said motion be-denied and so ordered. Councilman Imperial stated that if this amendment is approved he would strongly advise that the developer contact Mrs. Buccolo and discuss a steel-enforced block wall fence. Councilman Taylor stated that he wanted the people to know some of the reasons why the Council is looking so hard at the Condominium Ordinance. People are buying the Condos as specula- tion and there are problems where two or three unrelated persons are renting these condos or sharing expenses or even a couple of families moving into the condos sharing these expenses similar to what happens in apartments. There are the Friday night or Saturday night parties, the overcrowding of the parking overflowing into the streets, tenants cannot get into their own parking space. There are other things such as youth facilities in the area. It was not discovered in the original ordinance and we are finding that some of these owners have small children with no place to play. There are not enough recreation areas provided. There are senior citizens.living in the complexes and young people living in them. Councilman Hunter stated that since he is a recent owner of a local condominium he feels qualified to discuss this issue, and he agrees that there are many problems and he had expressed his intent to go along with another condominium project, but it will be built under a new condominium ordinance not the old one. There are all kinds of problems but with the D-Overlay that will be put on Mr. Higley's property with covenants of the 15 foot driveway and with the new ordinance that will be so restrictive that there wont be too many condominiums being built because they will have to be sold for in excess of $150,000, and that could happen. CM 3-10-81 Page #3 0 Councilman Taylor inquired what is the width requirement on R-1 lots, the backyard setbacks on R-1 lots. Mr. Carmona stated that the width requirement is 50 feet, and the rearyard setback is 25 feet or 20%.of the lot depth whichever is less and 6,000 sq. feet. Councilman Cichy stated that there are more protection with the Design Overlay with this condominium than there would be to builditwo story homes in the R-1 zone. Juan Nunez, 2704 Del Mar, inquired if there was an ordinance that could control the maintenance of property within the City. Mayor Tury stated that there is an ordinance but it is not restrictive enough. MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN HUNTER that the Negative Declaration per.the;.~staff reportzbe'accepted'_ _ Vote resulted: AYES:' Councilmen Hunter, Cichy, and Mayor Tury NAYES: Councilmen Imperial and Taylor ABSTAIN: None ABSENT: None Whereupon the Mayor declared said motion duly carried and so ordered. The Following Resolution No. 81-4 was presented for adoption: RESOLUTION NO. 81-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN FOR THAT AREA LOCATED AT 8514-16-18 VALLEY BLVD.& 3899 WALNUT GROVE AVENUE, ROSEMEAD „ CALIFORNIA MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN HUNTER that Resolution No. 81-4 be adopted. Vote resulted: AYES: Councilmen Hunter, Cichy and Mayor Tury NAYES: Councilman Taylor and Imperial ABSTAIN: None ABSENT: Norte Whereupon the Mayor declared said motion duly carried and so ordered. MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN HUNTER to direct staff to initiate a Zone Change on the Property to add a D (Design Overlay Zone). Vote resulted: I" AYES: Councilmen Hunter, Cichy, Taylor and Mayor Tury NAYES: Councilman Imperial ABSTAIN: None ABSENT: None Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Imperial requested that the record show that the reason for his "no" vote was because he.did not think that was the answer to the problem. MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN CICHY to direct staff to prepare a covenant requiring a minimum of 15 feet access to the property at the southerly most portion of the property at the curb line. Vote resulted: AYES: Councilmen Hunter, Cichy and Mayor Tury NAYES: Councilmen Imperial and Taylor ABSTAIN: None ABSENT: None Whereupon the Mayor declared said motion duly carried and so ordered. CM 3-10-81 Page #4 • 0 CONTINUED PUBLIC HEARING TO CONSIDER A REQUEST BY /B. GOOD EARTH DEVELOPMENT COMPANY FOR GENERAL PLAN _::c AMENDMENT FROM LOW DENSITY TO HIGH DENSITY FOR PROPERTY LOCATED AT 4020-4106 WALNUT GROVE-AVENUE Mayor Tury stated that the Public Hearing was open and inquired if there was anyone in the audience who would care to speak regarding this request. No one came forward. Mayor Tury closed the Public Hearing. MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN CICHY that the General Plan Amendment be denied. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Imperial requested that the record show that his reason for voting to deny the amendment to the General Plan is the sa a as the other one. C. PUBLIC HEARING TO CONSIDER CONFIRMATION OF STREET SUPERINTENDENTS REPORT & ASSESSMENTS Mayor Tury stated that the Public Hearing is open and in- quired if there was anyone in the audience who would care to speak regarding the Street Superintendent's reports. No one came forward. The Mayor closed the Public Hearing. Robert Dickey, Assistant City Manager, stated that both Frank Alva and Joe Lanson had indicated a willingness to dedi- cate and therefore there assessments are not correct as listed and he requested that there names be removed fromvthe:-Resolution and deferred. The following Resolution No. 81-10 was presented for adoption: RESOLUTION NO. 81-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD CALIFORNIA CONFIRMING THE STREET SUPERINTENDENT'S REPORT AND ASSESSMENTS THEREIN MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN CICHY that Resolution No. 81-10 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayo declared said motion duly carried and so ordered. PUBLIC HEARING TO CONSIDER CONFIRMATION OF STREET SUPERINTENDENT'S REPORT & ASSESSMENTS FOR: N/S & S/S KLINGERMAN (SAN GABRIEL TO GLADYS, GLADYS TO ANGELUS) E/S & W/S GLADYS (GRAVES TO KLINGERMAN, KLINGERMAN TO N.TERMINU; E/S & W/S CHARLOTTE(GRAVES TO KLINGERMAN,KLINGERMAN TO N. TERM: Mayor Tury stated that the Public Hearing was open and in- quired if there was.anyone in the audience who would care to speak regarding the Superintendents Report. No one came forward. The Mayor closed the Public Hearing. The following Resolution No. 81-11 was presented for adoption: RESOLUTION NO. 81-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD CONFIRMING THE STREET SUPERINTENDENT'S REPORT & ASSESSMENTS MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN HUNTER that Resolution No. 81-11 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS.PRESENT VOTED AYE. The Mayor. dedlared_said-=motion &ily.carried and so ordered. CM 3-10=81 Page #5 0 Councilman Taylor requested a breakdown on this particular item such as curb footage, driveways and sidewalks. Robert Dickey, Assistant City Manager, stated that if Council= man Taylor wants additional information regarding the footage it can be supplied. III. LEGISLATIVE ORDINANCE NO. 525 ESTABLISHING A PREZONE DESIGNATION .OF C-3D FOR LAND LOCATED SOUTH OF POMONA FREEWAY, WEST OF SAN.GABRIEL BLVD., & SOUTHWEST OF ROSEMEAD BOUNDARY. ORDINANCE NO. 525 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ESTABLISHING A PREZONE DESIGNATION OF C-3D, MEDIUM COMMER- CIAL, DESIGN OVERLAY, FOR LAND AREA GENERALLY LOCATED SOUTH OF THE POMONA:'FREEWAY, GENRALLY WEST OF SAN GABRIEL BLVD., AND SOUTHWEST EXISTING CITY OF ROSEMEAD BOUNDARY, OR MORE .SPECIFICALLY SET FORTH IN EXHIBIT "A" MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN HUNTER that Ordinance No. 525 be adopted and the reading in full be waived. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. /B. RESOLUTION NO. 81-12 - CLAIMS & DEMANDS RESOLUTION NO. 81-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF $99,232.03 NUMBERED 7869-7882 & 916 THRU 985 INCLUSIVELY MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN CICHY that Resolution No. 81-12 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. RESOLUTION NO. 81=13 APPROVING & ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES--ANNEXATION #49 Councilman Taylor requested that this Resolution No. 81-13 be deferred to the next Council Meeting of March 24, 1981. Ther /being no objection, it was so ordered. D„ RESOLUTION NO. 81-14 APPROVING PARCEL MAP #13844 WITH SPECIFIED CONDITIONS RESOLUTION NO. 81-14 A RESOLUTION OF THE CITY COUNCIL.:OF_THE CITY OF ROSEMEAD APPROVING PARCEL MAP #13844 SUBJECT TO SPECIFIED CONDITIONS MOTION BY COUNCILMAN CICHY, SECONDED BY MAYOR TURY that Resolution No.81-14 be adopted. Vote resulted: AYES: Councilman Hunter, Cichy, Taylor and Mayor Tury NAYES: Councilman Imperial ABSTAIN: None ABSENT: None Whereupon the Mayor declared said motion duly carried and so ordered. CM 3-10-81 Page #6 Z RESOLUTION NO. 81-16- COUNTY AID TO CITIES FUNDS / RESOLUTION NO. 81-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF.ROSEMEAD REQUESTING AN ALLOCATION OF COUNTY AID TO CITIES FUNDS FOR THE INSTALLATION OF FULL STREET IMPROVEMENTS (CURB, GUTTER, DRIVEWAY APPROACH, & SIDEWALK) ON WALNUT GROVE MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN HUNTER that Resolution No. 81-16 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. -This project will be on an assessment basis. IV. CONSENT CALENDAR (CC-I Deferred) CC-A AWARD OF BID FOR MISCELLANEOUS STREET PROJECTS FY 1980/81 CC-B HEARING OFFICERS REPORT ON APPLICATION FOR BILLIARD AND GAME ARCADE PERMIT CC-C REQUEST FOR ADMINISTRATIVE DEPARTMENT STENO-SECRETARY POSITION & AUTHORIZATION TO ADVERTISE CC-D PROPOSAL FOR 1980 PARK BOND ACT FOR CONSTRUCTION OF ADDITION AT ZAPOPAN CENTER & ADOPTION OF RESOLUTION NO. 81-15 CC-E ARCHITECTURAL & ENGINEERING PROPOSAL FOR ROSEMEAD P001 CC-F AUTHORIZATION REQUESTED TO ATTEND CITY CLERKS' ANNUAL CONFERENCE IN PALO ALTO, APRIL 23, 1981 CC-G ORDER DEMOLITION' OF STRUCTURE AT 7863 WHITMORE CC-H APPROVAL OF FINAL TRACT MAP #39070 - 2730 WALNUT GROVE MOTION BY COUNCILMAN HUNTER, SECONDED BY MAYOR-TURY.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-/PGRADING THE FINANCE DEPARTMENT POSITION Councilman Taylor inquired about a statement received from the Auditor, McGladrey Hendrickson & Company, stating that there were ten checks missing and he requested a follow-up on that particular situation. Frank G. Tripepi, City Manager, stated that he would be happy to present the Council with a status report on those checks, and the incidents. Frank G. Tripepi, City Manager, stated that the position was downgraded from a Finance Director position to an Account Clerk but what the auditors feel that something in between is needed in that department. MOTION BY COUNCILMAN CICHY, SECONDED BY MAYOR'TURY that the Finance Department position be upgraded to Administrative Account- ant. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION STATUS OF LAND USE ELEMENT I Mayor Tury stated that April 1st, 1981 at 7:00 p. m., would be an appropriate time that all the Council could attend. CM 3-10-81 Page #7 B: RESIDENTIAL REHABILITATION PROGRAM FY 1980/81 - HCDA /Gary Werner, Envista representative, explained the types of programs and inquired if there were any questions. Councilman Taylor requested copies of a breakdown sheet and copies of the 26 or 28 handyman projects that have been completed. Councilman Taylor stated that there had been discussion that the interest rate was to be investigated.... Mr. Werner stated that there had been proposals from the Bank of America, Security Pacific,:Crocker and California Federal Savings. Councilman Taylor requested copies of their proposals. MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN HUNTER that initiation of the Housing Rehabilitation be authorization. Vote resulted: AYES: Councilmen Hunter, Cichy and Mayor Tury NAYES: Councilmen Imperial and Taylor ABSTAIN: None ABSENT: None Whereupon the Mayor declared said motion duly carried and so order d. C. 1 MUNICIPAL ORDINANCE VIOLATIONS AS INFRACTIONS RATHER THAN MISDEMEANORS This Item be deferred to the next meeting and the City Attorney to be directed to prepare recommendation. i D. MODERN SERVICE RATE INCREASE This Item be deferred to March 24;`1981 at 6:00 p. m. H. STOP SIGN --PITKIN AND RIO HONDO AVENUE MOTION BY COUNCILMAN HUNTER, SECONDED BY MAYOR TURY that a stop sign be installed at Pitkin Street and Rio Hondo Avenue. Vote resulted: AYES: Councilmen Hunter, Cichy, Imperial and Mayor Tury NAYES: Councilman Taylor ABSTAIN: None ABSENT: None Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Taylor requested that the record show that the reason for his "no" vote was that there was no substantiation or any documentation requiring a sign be put up. F. MODERN SERVICE REFUSE DELINQUENT ACCOUNTS MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN HUNTER that Modern Service be payed for the delinquent accounts in the amount of $5.,360.19,,be approved. Vote resulted: AYES: Councilmen Hunter, Cichy, Imperial and Mayor Tury NAYES: Councilman Taylor ABSTAIN: None ABSENT: None Whereupon the Mayor declared said motion duly carried and so ordered. CM 3-10-81 Page #8 F. MODERN SERVICE STREET SWEEPING BILL FEBRUARY MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN CICHY that Modern Service Street Sweeping Bill for February be paid. Vote resulted: AYES: Councilmen Hunter, Cichy, Imperial, and Mayor Tury NAYES: Councilman Taylor ABSTAIN: None ABSENT: None Whereupon the Mayor declared said motion duly carried and so ordered! G/ OLDER AMERICAN RECOGNITION DAY Councilman Hunter nominated Henry Winkler as the representa- tive from the City of Rosemead for Older American Recognition Day. There being no objection, it was so ordered. VI. MATTERS FROM OFFICIALS FIRE INSURANCE STUDY ASSESSMENT--CALIFORNIA CONTRACT CITIES - Frank G. Tripepi, City Manager, stated that this relates to the City as a whole. The homeowners would be able to purchase insurance through the joint powers authority that the City would set-up. Councilman Taylor requested information regarding the resi- dential insurance by tomorrow. MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN IMPERIAL that $1000 be expended for the Municipal Fire Insurance Study. Vote resulted: AYES: Councilmen Hunter, Cichy, Imperial and Mayor Tury NAYES: None ABSTAIN: Councilman Taylor ABSENT: None Whereupon the Mayor declared said motion duly carried and so ordered /The EXECUTIVE SESSION DISCUSSION OF LITIGATION, Councilmembers recessed to the Executive Session to dis- cuss litigation. The Councilmembers reconvened and adjourned the Council Meet- ing to March 24, 1981 at 6:00 p. m. Respectfully submitted: APPROV D: Cit Clerk OR CM 3-10-81 Page #9