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CC - Minutes - 07-08-14 Minutes of the City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting July 08,2014 The joint meeting of the Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission was called to order by Mayor Alarcon at 6:05 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PRESENT: Mayor/Chair Alarcon, Council Members/Board Members Armenia, Low, and Ly Absent: Mayor Pro Tem/Vice-Chair Clark, Mayor William Alarcon recessed the meeting into closed session at 6:03 p.m. 1. CLOSED SESSION A. Anticipated Litigation Significant Exposure to Litigation Against the City Pursuant to Government Code 54956.9(d)(2): 1 potential case. Mayor William Alarcon reconvened the meeting at 7:00 p.m. No reportable action was taken during closed session. PLEDGE OF ALLEGIANCE: Council Member Armenta INVOCATION: Council Member Low PRESENT: Mayor/Chair Alarcon, Council Members/Board Members Armenta, Low, and Ly Absent: Mayor Pro TemNice-Chair Clark, STAFF PRESENT: Assistant City Manager/Finance Director Hawkesworth, City Attorney Ruben Duran, Community Development Director Ramirez, Public Works Director Marcarello, and City Clerk/Director of Public Information and Communications Molleda. 2. PUBLIC COMMENTS FROM THE AUDIENCE Joseph R. Ramirez-stated he has a weed abatement issue with neighbors located at 2632 &2636 Earle and 2637 N. Willard. All three properties are owned by absentee owners and he cannot get in touch with them. He requested the City's help to contact the home owners. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of July 8. 2014 Page 1 of 8 Council Member Low asked staff to work with Mr. Ramirez to take care of the situation and have code enforcement send letters to the home owners. 3. PRESENTATION • Recognition of Outgoing Beautification Committee Members Council Member Armenta presented certificates of recognition to outgoing Beautification Committee members Monica (Yen) Chan and Twan Quach. Ms. Chan was the only outgoing member in attendance. 4. PUBLIC HEARING Design Review 13-02 and Tentative Tract Map 72347—8479 Garvey Boulevard Ken Kyi has submitted entitlement applications requesting to develop a new residential/commercial mixed use development comprised of two (2) buildings totaling 36,100 square feet. Building A consists of eight(8) attached residential units (totaling 4,120 square feet) above 10,460 square feet of retail and office space. Building B consists of a leasing office and twenty (20) attached residential units (totaling 15,755 square feet). The project site consists of one (1) parcel totaling 30,397 square feet. The property is located at the northwest corner of Willard Avenue and Garvey Avenue in the C-3 MUDO-D(Medium Commercial with a Mixed Use and Design Overlay)zone. This item was presented to the Planning Commission for consideration on May 19,2014. At the conclusion of the hearing,the Planning Commission modified condition of approval numbers 27, 28, 36, and 95, and adopted Planning Commission Resolution No. 14-09, recommending that the City Council ADOPT Resolution 2014-18. After the Planning Commission hearing, the applicant informed staff that it may be challenging to comply with Condition of Approval number 34 (Mitigation Measure AES-2). Condition of Approval number 34 states: Exterior windows and glass used on building surfaces shall be non-reflective or treated with a non-reflective coating. For this reason, staff spoke to light consultants, glass consultants, and other cities, where it was discovered that requiring non-reflective glass may be unachievable. Therefore, staff is requesting that the condition of approval be revised to state: Exterior glass to be used for the project shall be subject to review and approval by the Director of Community Development No exterior glass shall be approved if it creates significant light and glare spillage to adjacent properties or highways. In addition, staff has added the Fire Department Conditions of Approval to the Conditions of Approval for the project. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of July 8,2014 Page 2 of 8 Recommendation: That the City Council: 1. Conduct the noticed public hearing and receive public testimony; and 2. ADOPT Resolution No. 2014-18, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING DESIGN REVIEW 13-02 AND TENTATIVE TRACT MAP 72347 FOR THE CONSTRUCITON OF A NEW RESIDENTIAL/COMMERCIAL MIXED USE DEVELOPMENT COMPOSED OF TWO (2) BUILDINGS TOTALING 36,100 SQUARE FEET, THE SUBJECT SITE IS LOCATED AT 8479 GARVEY AVENUE IN THE C-3 MUDO-D (MEDIUM COMMERCIAL WITH A MIXED USE AND DESIGN OVERLAY)ZONE (APN: 5288-004-045) Associate Planner Lily Trinh reviewed the staff report. Council MemberLy asked to open the public hearing and requested to continue the item to the August 12th City Council meeting for further review. City Attorney Duran explained to Council that they could open the public hearing and take comments from the public. He advised that if the Council motions to continue the item to the next City Council meeting they should leave the public hearing open to avoid issues with re-noticing the hearing. Council Member Low asked Council Member Ly what concerns he had about the project. Council MemberLy stated he had been on military leave for the last six months and had several questions and concerns about the project. He added he had not been able to visit the site,which is a mixed use project since implementing the mixed use nodes. Mr. Ly reiterated that he would like to review and address his concerns before taking action on the project. Council Member Steven Ly made a motion, seconded by Council Member Sandra Armenia to open the public hearing and continue the item to the next City Council meeting on August 12th. Council MemberArmenta asked staff if postponing the project would cause any additional staff time or cause any issues with the project. Community Development Director Ramirez stated staff was ready to move forward with the project and it would be best to ask the property owner/developer if the delay would cause any issues with funding. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of July 8,2014 Page 3 of 8 City Attorney Duran stated staff is recommending that the applicant be given the opportunity to discuss their view on the motion to continue the hearing. Second, Council Member Low is requesting to hear public comments before she votes on the motion to continue the hearing. Mr. Duran added the motion that stands on the floor is to continue the item and the proper discussion is whether to continue. The comments of the applicant are germane and the comments of the public are going to be premature. Simon Lee—architect of the project stated the project had been delayed for various reasons and he was there to clarify any questions or concerns Council Member Ly may have of the project. Mr. Lee stated the site is zoned as mixed use and that two buildings would be proper in order to lower the height of the building. Mr. Lee continued to explain the specifications of the project. Council Member Armenta asked Council Member Ly to withdraw his motion in order to have staff explain further on the mixed use project. Associate Planner Trinh reviewed the renderings of the project. Council Member Low expressed that a decision should be made because the developer has waited long for the project to get approved. She stated the staff report was detailed enough where a decision can be made and she did not support a delay. Council Member Ly explained he was asking for more time to review the project due to his five month absence. He reiterated that he would like to make sure he has the information needed to make a decision on the project. Council Member Armenta stated that out of respect the Council should allow the request of Council Member Ly to continue the public hearing to the August 12th City Council meeting. Council Member Low stated that because Council Member Ly has been gone she will also respect his request to continue the public hearing. Council Member Steven Ly made a motion, seconded by Council Member Sandra Armenta to open the public hearing and continue the item to the August 12th City Council meeting. Vote resulted in: Yes: Alarcon, Armenta, Low, Ly No: None Absent: Clark Abstain: None Assistant City Manager/Finance Director Hawkesworth explained that the public hearing would be continued to the August 12th City Council meeting, however, public comments were welcome. Mayor William Alarcon opened the public hearing at 7:14 p.m. Corkvan Nicholson—Planning Consultant for Simon Lee and Associates stated it was frustrating that the project was being delay. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of July 8,2014 Page 4 of 8 Katie Luo—expressed support of the mixed use project and stated it will help better the esthetics of the area. Soon Shoon—stated he supports the project and felt it will make the city more beautiful. Soon Lain —stated the project will benefit the City and will make it more beautiful. Juan Nunez—Stated it is a good proposal; however, he expressed concerns about the water required for the project. Jimmy Wanq—stated his car dealer has been on Garvey for over 30 years. He reiterated that there has not been any change in that area and supports the mixed use project that will improve that area. Mayor Alarcon announced the public hearing will be continued to the August 12th City Council meeting. 5. CONSENT CALENDAR A. Minutes Regular Minutes—February 25, 2014 Regular Minutes—March 25, 2014 Regular Minutes—April 8, 2014 Regular Minutes—May 13, 2014 B. Claims and Demands • Resolution No. 2014—28 Recommendation: to approve Resolution No. 2014—28,entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $640,932.58 NUMBERED 85293 THROUGH 85418 INCLUSIVELY • Resolution No. 2014—29 Recommendation: to approve Resolution No.2014—29,entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $72,118.03 NUMBERED 85419 THROUGH 85430 INCLUSIVELY Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of July 8. 2014 Page 5 of 8 • Resolution No. 2014— 14 Recommendation: to approve Resolution No. 2014— 14,entitled: A RESOLUTION OF THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $5,200 NUMBERED 10092 C. Assignment of Garvey Garden Plaza Mixed-Use Environmental Consulting Services Contract to Phil Martin &Associates, Inc. The City has received entitlement applications from Garvey Garden Plaza requesting to construct a new residential/commercial mixed-use development consisting of three (3) stories of residential apartments over one(1) story of commercial with surface and basement parking. In addition,the applicant is proposing twenty percent(20%) low-income units from a thirty-five (35%) density bonus. The project site is designated in the General Plan as Mixed Use: Residential/Commercial (30 du/ac) and on the zoning map it is designated C-3- MUDO-D (Medium Commercial with Residential/Commercial Mixed Use and Design Overlays). On May 8, 2014, the Community Development Department issued a Request for Proposal (RFP) to seek a qualified environmental consultant to assist with the preparation of required California Environmental Quality Act (CEQA) studies. The cost to hire the consultant will be paid in full by the developer. Recommendation: That the City Council: 1. Authorize the City Manager to execute a contract agreement with Phil Martin & Associates, Inc. to assist in the preparation of required CEQA studies; and 2. Direct staff to obtain a deposit of$53,900 from the developer to cover the full cost for contract services prior to authorizing the environmental studies consultant to proceed. D. On-call Services Agreement for Painting, Facade Maintenance and Repairs The Public Works Department is responsible for the maintenance of all City facilities and infrastructure. Annual painting and preventive maintenance programs regularly occur at locations throughout the City, including parks, bridges,freeway underpasses, and facilities. These regular maintenance services vary in scope and frequency, depending on the age and condition of the location. This fiscal year, it is anticipated that several locations will require painting and facade upgrades, including the Garvey Gymnasium, City Hall, freeway underpass locations, park shelters, and park facilities. Based on this need, staff solicited Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of July 8, 2014 Page 6 of 8 informal proposals for painting contractors to help augment staff levels and ensure that City infrastructure is well-kept and aesthetically pleasing. Recommendation: That the City Council authorize the City Manager to enter into an agreement with Painting and Decor, LTD. And Dunright Painting Inc. for on-call painting, facade, and building maintenance services in an amount not-to-exceed $75,000 per year. Brian Lewin—suggested that Council consider directing staff to distribute the mitigated negative declaration notices via email and to all the appropriate residents within the 300 feet notification radius. He added that the mitigated negative notices are not distributed via email in the public notice system. Council Member Armenta asked if there is a possibility for it to be emailed or if there was any legality to distributing notices. Community Development Director Ramirez stated it is state law to distribute the mitigated negative declaration notice to residents within the 300 feet radius. If the project affects the community as a whole then the notice will be posted like all other public notices. Notices are mailed to the property owners and not the tenants. Assistant Planner Trinh clarified that notices are posted online, at the job sites, as well as, at the five posting locations. City Attorney Duran explained the comments came in the context of the item agendized of item 5c. The item is specifically to award a contract for consulting services. So providing direction to staff would be outside of the agenda. Council could agendized the direction for discussion on the next agenda. Council Member/Board Member Steven Ly made a motion, seconded by Council MemberlBoard Member Sandra Armenta to approve the Consent Calendar.Vote resulted in: Yes:Alarcon,Armenta, Low, Ly No: None Absent: Clark Abstain: None 6. MATTERS FROM CITY MANAGER&STAFF- None 7. MATTERS FROM MAYOR &CITY COUNCIL Council Member Armenta thanked staff for their work on the 4T of July celebration. Council Member Low stated that the Garvey Specific Plan Committee met for the first time and reported that the plan will only focus on a portion of Garvey Avenue from New Avenue to San Gabriel. She ask that staff provide further information of the plan at the next City Council meeting. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of July 8. 2014 Page 7 o18 William Alarcon Mayor ATTEST: Gloria Molleda City Clerk Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of July 22, 2014 Page 7 of 7 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD I, Gloria Molleda, City Clerk for the City of Rosemead, do hereby certify that the joint meeting minutes from July 08, 2014, was duly and regularly approved and adopted by the Rosemead City Council on the 14th of October 2014, by the following vote to wit: Yes:Alarcon,Armenta, Clark, Low, Ly, No: None Abstain: None Absent: None J A . .1 . 1 . • Gloria Molleda City Clerk