CC - 12-11-73CITY OF ROSEMEAD
ROSEMEAD, CALIFORNIA
CITY COUNCIL
DECEMBER 11, 1973
A regular meeting of the Rosemead City Council was held in the
Council Chambers of City Hall, 8838 East Valley Boulevard and
called to order by Mayor Pike at 8:00 p.m.
1. The Pledge of Allegiance was led by Councilman Hunter
The Invocation was delivered by Reverend Kenneth Mathis - Rosemead
Church of Christ.
2. ROLL CALL
Present: Councilman: Andersen, Hunter, Maude, Pike, Taylor
Absent: Councilmen: None
Ex officio: Davenport, Foutz, Gunn, Miller, Tripepi, Watson
3. APPROVAL OF MINUTES: NOVEMBER 27, 1973 - REGULAR MEETING
It was moved by Councilman Hunter, second by Councilman Andersen
and carried that the minutes be approved as printed.
Councilman Maude abstained due to absence at the previous meeting.
SPECIAL PRESENTATION
4. HONORING WILLIAM SCALES
The Council presented Mr. Scales an engraved plaque thanking him
for his services to Rosemead as Traffic Commissioner.
PUBLIC HEARINGS
5. APPEAL OF PLANNING COMMISSION DECISION - ZONE VARIANCE NO. 31 (R)
Mayor Pike asked that anyone wishing to address the Council on this
appeal please stand and be sworn in.
City Clerk Davenport administered the Oath.
Director of Planning Miller Presented a summary of the factual
datp report.
City Attorney Watson stated that a copy of the entire 6 page factual
data report entitled: Revised Factual Data Report - Zone Variance
Case No. 31 (R) had been handed to Mr. Sloan, Counsel for the
Appellant and suggested that the report be received and filed as
part of the record. So Ordered.
Attorney Sloan stated that he had no objection to this procedure.
The Hearing was declared open at 8:15 p.m.
APPELLANTS - PROPONENTS TO THE APPEAL:
William Miller, 445 S. Figueroa, Los Angeles: Mr. Miller, as Counsel
or the Appellant, restated objections as set forth in the written
appeal and challenged conditions as set forth in Planning Commission
Resolution 73-14, Section 2A - 1 & 3.
Robert C. Tanklage, 179 Eseverri Lane, La Habra: Mr. Tanklage
presented further discussion on the conditions set by the Planning
Commission and presented pictures showing landscaping accomplished to
date and a plot plan showing an alternative proposal to the additional
conditions cited by the Planning Commission at their public hearing.
City Attorney Watson asked that the foregoing pictures,.and plan be
marked for the record as follows:
Appellant's Exhibit #1: Picture of Landscaping outside wall at the
La Victoria property.
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Appellant's Exhibit #2:
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Picture of the Landscaping outside the wall
at the La Victoria Property.
Appellant's Exhibit #3: Plot Plan showing alternative proposal to
the additional conditions of the Planning
Commission as set forth in PC Resolution
No. 73-14.
OPPONENTS TO THE APPEAL
Louis Tur , Jr., 3222 Heglis, Rosemead: Testified to continued
io atihe subject zone variance.
City Attorney Watson interjected at this time stating that this is
a hearing de novo and asked staff to describe exhibits previously
presented to the Planning Commission, as new evidence in this new
hearing.
Planning Director Miller presented the following exhibits for the
record:
A placard with 43 photographs showing the La Victoria Food Plant and
nearby residential streets was referred to. Attorney Watson asked
that these not be marked as exhibit until identified by the persons,
who took them. (Later marked Opponent's Exhibit A)
Staff Exhibit #1: Air Photo dated 10/7/60 including the area of
the subject zone variance.
Staff Exhibit #2: Plot Plan outlining the La Victoria property
and subject zone variance and colored in yellow.
Staff Exhibit #3. Plot Plan entitled: Preliminary Location Sketch
for Proposed 30' Roadway to Serve La Victoria
Food Plant - (H. M. Soctt, Engineers)
Staff Exhibit #4: Two page report of Preliminary Extension Costs
for Roadway illustrated in Staff Exhibit #3.
Staff Exhibit #5: Plot Plan indicating change of residential zone
to industrial zone.
Staff Exhibit #6: Plot Plan showing relationship of the La Victoria
property,including subject variance,to
Redevelopment Project Area No. 1.
Opponents continued:
Glenn Clanton, 3244 Leyburn Dr., Rosemead: Challenging current use.
Dan Handy, 9050 Whitmore St., Rosemead: Mr. Handy identified
photographs later.included in opponent's Exhibit A.
Thelma Handy, 9050 Whitmore St., Rosemead: Mrs. Handy identified
photographs later included in Opponent's Exhibit A.
Phyllis TTury, 3222 Heglis, Rosemead: Mrs. Tury identified
photographs tograte later included in Opponent's Exhibit A.
Ronald Rodriquez, 9122 E. Whitmore, Rosemead: Mr. Rodriquez
identified photographs later included in Opponent's Exhibit A. He
stated that other photos had been taken but not included in this exhibit.
Two additional pictures were identified and placed on the placard and
Attorney Watson asked that the placard be marked for the record as
follows:
Opponent's Exhibit A: Placard of 45 photographs of the La Victoria
Food Plant and adjacent residential streets.
The opponents above stated that they knew of their own knowledge
that the foregoing photographs show the facts.
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12/11/73
APPELLANT'S REBUTTAL
Robert Tanklage, 179 Eseverri Lane, La Habra.
City Manager Gunn asked Mr. Tanklage what steps the company had taken
to provide an access road directly from Garvey Avenue to the La
Victoria Food Plant.
Mr. Tanklage asked his Counsel to respond.
William Miller, Counsel for Mr. Tanklage cited the case of Neary v.
Town of Los Altos Hills and stated that their legal position is that
they are not obligated to provide an alternate route but that it is
the obligation of the City.
OPPONENT'S REBUTTAL
Glenn Clanton, 3244 Leyburn Dr., Rosemead.
The Hearing was declared closed at 9:15 p.m.
It was moved by Councilman Maude, second by Councilman Hunter that
the City Council affirm the action of the Planning Commission ( as
set forth in PC Resolution No. 73-14) and deny the appeal.
Roll Call Vote as follows:
AYES: Councilmen: Andersen, Hunter, Maude, Pike, Taylor
NOES: Councilmen: None
ABSENT: Councilmen: None
Clarification was made that the 30 day compliance requirement is
from the date of this hearing.
NEW BUSINESS
6. RESOLUTION NO. 73-112. CLAIMS AND DEMANDS
City Treasurer Foutz presented this Resolution by title.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING
CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $43,947.49 DEMANDS
NUMBERS 15518-15591.
It was moved by Councilman Maude,second by Councilman Hunter to
waive further reading and adopt Resolution 73-112.
Roll Call Vote as follows:
AYES: Councilmen: Andersen, Hunter, Maude, Pike, Taylor
NOES: Councilmen: None
ABSENT: Councilmen: None
7. RESOLUTIONS (3) AUTHORIZING RENEWAL OF CONTRACTS WITH L.A. COUNTY.
A. RESOLUTION NO. 73-113. STREET CONSTRUCTION 8 MAINTENANCE.
B. RESOLUTION NO. 73-114. ANIMAL CONTROL SERVICES.
C. RESOLUTION NO. 73-115. GENERAL SERVICES AGREEMENT.
Attorney Watson presented Resolution 73-113 through 73-115 by title.
It was moved by Councilman Taylor, second by Councilman Andersen
to waive further reading and adopt Resolutions 73-113 through 73-115.
Roll Call Vote as follows:
AYES: Councilmen: Andersen, Hunter, Maude, Pike, Taylor
NOES: Councilmen: None
ABSENT: Councilmen: None
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8. RESOLUTION NO. 73-116. CALLING AND GIVING NOTICE OF A GENERAL
MUNICIPAL ELECTION TO BE HELD MARCH 5, 1974.
Attorney Watson presented this Resolution by title.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA
CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL
ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 5TH DAY OF MARCH, 1974,
FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO
GENERAL LAW CITIES.
It was moved by Councilman Hunter, second by Councilman Andersen
to waive further reading and adopt Resolution 73-116.
Roll Call Vote as follows:
AYES: Councilmen: Andersen, Hunter, Maude, Pike, Taylor
NOES: Councilmen: None
ABSENT: Councilmen: None
9. RESOLUTION NO. 73-117. REQUESTING SERVICES OF REGISTRAR RECORDER'S
OFFICE FOR GENERAL MUNICIPAL ELECTION.
Attorney Watson presented this Resolution by title.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD REQUESTING
THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO PERMIT THE
REGISTRAR OF VOTERS OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO
THE CITY OF ROSE EAD RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL
ELECTION TO BE HELD IN SAID CITY ON MARCH 5, 1974.
It was moved by Councilman Taylor, second by Councilman Hunter to
waive further reading and adopt Resolution No. 73-117.
Roll Call Vote as follows:
AYES: Councilmen: Andersen, Hunter, Maude, Pike, Taylor
NOES: Councilmen: None
ABSENT: Councilmen: None
10. RESOLUTION NO. 73-118. SETTING ASIDE CITY-OWNED PROPERTY FOR
HIGHWAY PURPOSES.
City Attorney Watson presented this Resolution by title.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD SETTING
ASIDE CITY-OWNED PROPERTY FOR HIGHWAY PURPOSES.
It was moved by Councilman Andersen, second by Councilman Taylor
to waive further reading and Adopt Resolution No. 73-118.
Roll Call Vote as follows:
AYES: Councilmen: Andersen, Hunter, Maude, Pike, Taylor
NOES: Councilmen: None
ABSENT: Councilmen: None
11. ORDINANCE NO. 370. AMENDING THE ZONING ORDINANCE BY ADDING AN
OPEN SPACE ZONE AND AMENDING THE MUNICIPAL CODE.
Planning Director Miller presented the recommendation of the Planning
Commission that this Ordinance be adopted.
Two changes were made to the Ordinance as follows:
Section 1. The Zoning Ordinance and the Rosemead Municipal Code
are hereby amended by adding in Chapter a new Part X - 0-S to
the Code to read: (added words underlin9 ed).
9110.2 - add the following: (d) Other recreation related uses.
(added section underlined)
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12. CONSIDERATION OF AMENDMENTS TO ZONING ORDINANCE - CONDITIONAL USE
PERMITS
Planning Director Miller presented the recommendation of the Planning
Commission that Part XXV Conditional Use Permits Section 9181, and
9181.1 be amended, to help resolve a land use problem in the City.
It was moved by Councilman Hunter, second by Councilman Maude and
unanimously carried to approve the foregoing recommendation and
direct preparation of the necessary ordinance.
13. APPROVAL OF AGREEMENT WITH FLOOD CONTROL DISTRICT - PROJECT 9609.
City Manager Gunn presented this agreement which will provide for
the District to delete the restoration of permanent paving in Garvalia,
Stevens, and Jackson Avenues from its construction contract for
Unit 4 within the limits of the City's street improvement contract
and to pay to the City the sum of $4,485.60, which is the estimated
cost to the District for said paving; and recommended approval.
Attorney Watson stated that the foregoing agreement had been approved
as to form.
It was moved by Councilman Taylor, second by Councilman Maude to
approve the agreement and authorize the Mayor to execute.
Roll Call Vote as follows:
AYES: Councilmen: Andersen, Hunter, Maude, Pike, Taylor
NOES: Councilmen: None
ABSENT: Councilmen: None
14. RUSH STREET IMPROVEMENT, WALNUT GROVE TO SAN GABRIEL.
City Manager Gunn presented this proposal for a coordinated effort
by the City, County, and Edison Company for completion of the above
named project and recommended that the Council approve in principle
the proposal and direct that we proceed with preparation of documents
leading toward commencement of construction next spring.
Mr. Juan Nunez addressed the Council at this time asking how
redevelopment projects are to be financed.
Attorney Watson and Mayor Pike explained the methods of financing
at length.
It was moved by Councilman Andersen, second by Mayor Pike to approve
the recommendation of the City Manager.
Roll Call Vote as follows:
AYES: Councilmen: Andersen, Hunter, Maude, Pike, Taylor
NOES: Councilmen: None
ABSENT: Councilmen: 'None
15. AUTHORIZATION FOR DEMOLITION OF CITY-OWNED BUILDINGS.
City Manager Gunn presented this request dated December 3, 1973
and recommendation that the City Manager be authorized to allow
salvage of the properties at 3914 and 3934 Muscatel Avenue under
conditions that would protect the City and then that the balance
of the work be advertised for demolition.
It was moved by Councilman Maude, second by Councilman Taylor to
approve the foregoing recommendation.
Roll Call Vote as follows:
AYES: Councilmen: Andersen, Hunter, Maude, Pike, Taylor
NOES: Councilmen: None
ABSENT: Councilmen: None
L
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16
COMMUNICATIONS
WRITTEN CORRESPONDENCE:
A. NOTICE OF DECEMBER CONTRACT CITIES MEETING.
City Manager Gunn presented this notice.
B. LETTER FROM DANIEL & THELMA HANDT AND LOUIS & PHYLLIS TURY
City Manager Gunn presented this letter which thanks the
Council for directing the responsive action to the problems
of Rosemead residents in the La Victoria Food Plant area.
C. LETTER AND NEWS RELEASE'FROM•CONGRESSMAN GEORGE DANIELSON
Mayor Pike presented this letter thanking him for coming to
the recent meeting held at the Rosemead City Hall which was
opened to residents who wished to address the Congressman.
The news release reported the Certificate of Appreciation
presented Congressman Danielson at that meeting by Steven
Popovich, representing the Boy Scouts of America.
17.
MATTERS FROM CITY OFFICIALS:
A. Attorney Watson advised the Council that the Court had recently
denied the injunction request by La Victoria against Ordinance
No. 365 (which restricts truck traffic in the area.).
B. City Clerk Davenport reported that a letter had been received
from the City Attorney with regard to the validity of the
initiative petition proposing an ordinance providing for voter
participation in decisions relating to redevelopment. She stated
that the opinion declared the proposed ordinance, as drafted,
contrary to State law and therefore invalid and informed the
Council that no further action is being taken.
The meeting was recessed at 10:17 p.m. It reconvened at 10:35 p.m.
C. Mayor Pike asked the Council to consider meeting dates for
informational sessions on the Redevelopment Law and asked that
Mr. Massey Herrera be requested to Chair these meetings.
Tuesday, January 15, 1974 and Tuesday, January 29, 1973 were
suggested.
It was moved by Councilman Maude, second by Councilman Andersen and
unanimously carried that these meetings be arranged and that Mr.
Herrera be requested to Chair them.
D. Councilman Maude made reference to a question asked during the
public hearing tonight asking why landscaping is needed on the
west side of the wall (zone variance no. 31 (R) La Victoria).
He explained that that landscaping requirement of the variance
is for on-site organic development.
Councilman Maude also stated agreement with Mr. Laidlaw and
Mr. Palmini who spoke pro-redevelopment in the San Gabriel/
Garvey Blvd. area; but reminded everyone of the recent improvements
in the area including:
Walnut Grove Street Improvement
Rush Street Improvement
San Gabriel Blvd. Improvement
Garvey, Zapopan, & Klingerman Park Improvements
Mini-Bike Park Development
Delta/Garvey Intersection Improvement.
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Mayor Pike asked that the meeting be adjourned in memory of
Joe C. Moraza who passed away December 3, 1973.
It was moved by Councilman Hunter, second by Councilman Maude
and unanimously carried that the meeting be adjourned in memory
of Joe C. Moraza.
Meeting Adjourned at 10;40 p.m.
CI Y CLER
44~ -0,- 1~ "'01
MAYOR OF THE CIT OF SEMEAD