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RAB - Approval of Minutes - 09-28-99 NOT OFFTCLAL UNTIL APPROVED BY THEEOEETv'EAD REHABZLIT TTQN -_ ='_LS BOARD MINUTES OF THE REGULAR MEETING ROSEMEAD BUILDING REHABILITATION APPEALS BOARD SEPTEMBER 28, 1999 The regular meeting of the Rosemead Building Rehabilitation Appeals Board was called to order by Chairman Vasquez at 7:05 p.m. in the Conference Room of City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag and Invocation were waived as having been completed during the meeting just adjourned. ROLL CALL OF OFFICERS: Present: Boardmembers Bruesch (arrived at 7:35 p.m.), Imperial, Taylor, Vice- Chairman Clark, and Chairman Vasquez Absent: None APPROVAL OF MINUTES: NONE I. ADMINISTRATION OF OATH The Board Secretary administered the oath to all persons wishing to address the Board. IL HEARINGS The following item was taken out of order in deference to those in the audience. B. 7646 NEWMARK AVENUE-REHEARING The subject property consists of an owner-occupied single family dwelling with a detached garage which consists of an unpermitted conversion on the lower level and an unpermitted unit on the upper level. The property is zoned R-1. The aforementioned garage was constructed with benefit of permits in 1983 as a 525 square foot single story structure. This property was previously before the Appeals Board on August 24, 1999. At that time, the property owner Ms. Bohne requested the unpermitted conversions be allowed to remain while an addition to the dwelling was being constructed. The Appeals Board directed staff to meet with the property owner on site and perform a more in-depth inspection of the interior of the garage. The purpose of the inspection is to determine if any hazardous conditions exist and to compile a cost estimate to demolish the unpermitted conversion on the lower level and to legalize/convert the unpermitted unit on the upper level to a usable storage room. On August 31, 1999, the Building Official, Steve Bailey met with the property owner on the site. Ms. Bohne signed a consent to enter form and permitted an inspection of the garage interior. The property owner had exposed a portion of the unpermitted construction. The Building Official observed the drainage system for the bathroom was unvented. When the owner was questioned about the location of the vent, she indicated she did not know but would ask her husband. The owner phoned the following day and stated the reason the vent had not been properly extended to the exterior was because it would possibly alert the City of an illegal installation. The electrical system in the bathroom was not functioning and, therefore, was unable to be tested. The bathroom lacks the required ground fault protection on the electrical outlet. The property owner has requested the storage area on the upper level be allowed to remain. The floor system does not meet the minimum structural design loads for storage areas. Also observed during the inspection was the installation of laundry facilities on the building exterior which includes a gas line, electrical and drainage piping installation. The laundry REGAB9-28-99 PAGE 41 Z facilities are situated under an unpermitted patio overhang which is attached to the southern wall of the garage and extends to within approximately (6") six inches of the south property line. A revised list of defects was compiled and mailed to the property owner. On September 2, 1999,Ms. Bohne phoned and said she was prepared to submit plans for the addition to the dwellilng. To date, plans have not been submitted for plan check. A notice of hearing was mailed and posted on the property on August 26, 1999. The City Building Official recommends that the Appeals Board find the property substandard and order that all substandard conditions be removed or corrected by October 28, 1999. However, if the required permits are obtained for the corrective work and sufficient progress is achieved by October 28, 1999, the abatement date may be extended to November 28, 1999; or, if plans for the addition to the dwelling are submitted by October 28, 1999, the abatement date may be extended to allow sufficient time for the plan checking process. However, plans must be approved and permits obtained no later than November 28, 1999. The correction of the unsafe conditions in the bathroom area on the lower level must be completed by November 28, 1999 to allow temporary use during the construction of the addition. The addition shall be completed by March 28, 2000, at which time all outstanding substandard conditions shall be abated. The aforementioned shall be completed prior to final approval and occupancy of the new addition. Ruth Ann Bohne, 7646 Newmark Avenue, Rosemead, property owner was present. Ms. Bohne stated that she submitted their status report to the Appeals Board as reports from staff are one-sided, verbalized items do not show up on the reports, and they are contrary. Ms. Bohne stated that at the conclusion of the August 31, 1999 meeting with the Building Official at their property, two items were requested to be corrected: the installation of a GFI circuit, and the extension of the PVC vent pipe through the ceiling in the bathroom. (According to Ms. Bohne's report, those two items have been done.) Boardmember Clark asked Ms. Bohne if that installation was done by the prior owner. Ms. Bohne replied that the work was done by the tenant (now her husband), and that she did not live there at that time. Boardmember Taylor asked why the Board has not received an updated report on the List of Defects. James Guerra, Consulting Building Official, referred to the previous staff report on this property and explained that the initial contact with the owners warranted that they do not enter the property without a Sheriff's escort, or specific written permission of the owner. Mr. Guerra stated that they did not have the owner's permission nor did they have a request from them to return to re-inspect the property. Boardmember Taylor clarified that normally, the Building Department does not receive requests from every rehab case to come back and take pictures. Mr. Guerra stated that the owner had requested that the Inspectors do not come back on the property without their permission. Boardmember Taylor stated that it's been four weeks since the last inspection and that this is an issue of treating the owners with fairness. Mr. Guerra stated that since the inspection on August 31, 1999, there has been extensive contact with the owner and a meeting was held with them at City Hall. Mr. Guerra explained that there was a general understanding with the owners that nothing else had been done as recently as last Thursday and again, this past Monday. There was no indication that any additional work had been done. REGAP9-18-99 PAGE*2 Boardmember Taylor stated that that is not the Building Department's normal procedure and it is not fair to the owners. Mr. Taylor stated that the Building Department should try to be as fair as they can on these reports. Mr. Guerra, at the request of the Boardmembers, clarified his previous statement regarding not entering their property without a Sheriffs escort. Mr. Guerra stated that based on their first attempt to inspect their property, the occupant requested that they not reenter that property, and to not come back on the property again. Mr. Guerra stated that generally, when that occurs, they mark the file to not enter without a Sheriffs escort to prevent any problems involving staff. Ms. Bohne explained that her husband reacted to an Inspector trying to enter their backyard unannounced. Ms. Bohne explained that her husband did not know what this was about and that he became angry and confronted the Inspector, who then provided identification and explained that a complaint had been received. Mr. Bohne ordered her to leave the property and not to come back unless a Search Warrant had been obtained. Ms. Bohne stated that since that time they have met twice with City officials on their property, and that she was forced to sign a consent form after the August 24, 1999 Rehab Meeting. Ms. Bohne stated that she felt coerced into signing that document as it is open-ended and does not specify a time period. Ms. Bohne stated that she felt progress was being hindered by these actions. Boardmember Taylor explained that the corrections need to be made during the construction phase and before the final inspection. Steve Bailey, Building Official, stated that the two items in the bathroom need to be corrected and an inspection scheduled. Boardmember Taylor asked Ms. Bohne about the progress on their loan. Ms. Bohne stated that she has not been supplied with a form from the City to give to the bank. Mr. Bailey stated that he arrived at a dollar amount shortly after the August 31" inspection necessary to demolish the bathroom and restore the storage space, should they decide to keep it. Boardmember Taylor stated that it has now been five weeks with no progress and that this situation is not fair to everyone involved. Mr. Taylor asked what the next step is. Ms. Bohne stated she submitted the plans to the Planning Department and they were stamped with Conditions to be met before permits can be issued. Peter Lyons, Planning Director, explained that the Conditions mirror what is already required; however, it states that all those conditions shall be completed prior to final approval and occupancy, and not to permit. Mr. Lyons stated that those conditions are only necessary at the very end and that allows the owners to start the construction and use the bathroom in the garage, as specifically requested by the Bohne's. Mr. Guerra stated that recommendation before the Board is consistent with the List of Defects which specifies correcting the hazardous conditions of the bathroom and allowing the temporary use of the bathroom while they complete the addition. Boardmember Taylor stated that in all fairness, those items need to be inspected. Mr Taylor added that the loan process needs to be started also. Don Wagner, Assistant City Manager, asked Ms. Bohne if the Inspector could come out to their property tomorrow, Wednesday, September 29Th. Ms. Kohne responded that they could come out tomorrow, after 6:00 p.m., as she works during the day. REGAB9-28-99 PAGE 43 Mr. Lyons and Mr. Guerra responded that they would meet Ms. Bohne at her property on Wednesday, September 29th at 6:00 p.m. Ms. Bohne stated that they are building their home in phases because they plan on occupying the property the entire time the construction is underway. Ms. Bohne expressed her concern that if the occupany permit is held up in the final phase, they will be left without a place to live. Boardmember Taylor stated that the Bohne's need to keep working and making progress. Mr. Taylor stated that the Board is willing to work with them as long as there is a justifiable and reasonably good faith effort being made. Ms. Bohne stated that she did not understand why the Board is asking her to remedy conditions because as far as she knows, they have been corrected. Boardmember Taylor explained that there are other conditions such as the storage area substandard floor, the appliances stored outside, and the patio roof which is 6"from the property line. Ms. Bohne stated that the previous owner owned both properties at one time and had no objection to the patio roof being so close to the property line. Boardmember Bruesch arrives. Boardmember Taylor stated that because he owned both properties, it still does not satisfy the code requirements. Mr. Taylor stated again that there are other items that have to be corrected during the construction phase. Ms. Bonne reiterated again that she was only advised of two corrections and those two were corrected. Boardmember Taylor stated that that was incorrect and that at the last meeting, several items were discussed or listed. Boardmember Clark asked why there are no backups included in the staff report. Mr. Guerra responded that when they do a re-hearing, typically, only new information since the last hearing is provided. On a first hearing, the complete file is provided. Ms. Reline raised the issue of the exterior wall covering that is deteriorated and lacks the weather resistive protection. Ms. Bohne stated that at the previous meeting it was discussed by the Board that they did not want them to waste their money on covering the wall when it is going to be torn down. Boardmember Taylor confirmed that that discussion took place, but since the building is going to be completely remodeled, and staff is working with her on that, they do not have to re- side the walls. Boardmember Taylor asked Mr. Guerra what the other five corrections are. Mr. Guerra stated that the October 7, 1998 letter referred to the garage and storage area above the garage; plumbing and electrical installations in the garage; building exterior; window broken; and driveway unpaved. Mr. Guerra stated that the property was inspected in May and the owners asked to work through a number of alternatives to try and get through the building process. Staff kept the project off the Rehab Board Agenda in an attempt to work with the owners to resolve those issues. Mr. Guerra continued that based on the last hearing, it was decided that it was necessary to put in writing everything that had been previously discussed. Per the Board's direction, they were very specific on what was wrong with the bathroom, and the other items that had to be done prior to occupancy of the addition. Mr. Guerra stated that all of this was explained very clearly with the owners. In conclusion, Mr. Guerra stated that during that inspection, the addition at the back of the garage was pointed out to Ms. Bohne. REGAB9-28-99 PAGE*4 Boardmember Imperial asked what will be done to gain access to that property? Mr. Imperial requested that the progress of this property be in writing and returned at the next meeting. Boardmember Taylor stated that one way to keep this project moving is to provide the owners with the loan form. Ms. Bohne stated that the Inspectors keep coming out to the property looking for more violations. Boardmember Imperial stated that the Building Department is obligated to look for violations and for the owners to correct them. Mr. Imperial asked about the granting of an occupany permit. Mr. Guerra responded that the recommendation requires that when this project is finished, everything will be in compliance with the Code. Mr. Guerra explained that they will not be allowed to occupy the bedroom addition until they have corrected everything in the back storage area. Boardmember Taylor asked Ms. Bohne if she understood what the recommendation is. Ms. Bohne responded that it is contrary to what was agreed upon at the last meeting. Ms. Bohne stated that the new house will be constructed at the end of phase 2, however, the discussion now is about phase 1. Ms. Bohne explained that phase 1 will involve moving the bedroom and bathroom over so that the rest of the house can be demolished to enable them to dig a basement. Ms. Bohne stated that she agreed previously that when they had a 2-bedroom, 2- bath house, they would then remove the garage bathroom. Boardmember Imperial related his experience in having to demolish his game room, and that nothing is being asked of her that has not been asked of other owners. Mr. Imperial asked if those requests were granted. Robert Kress, City Attorney, stated that the Board did not take any formal action at the last meeting. The Board provided direction. Staff was asked to meet with the property owner, conduct the inspection, report on that inspection, and that is what is occurring tonight. Mr. Kress explained that the Board is recommending tonight to go forward and within that recommendation to allow the development of an agreement between the property owner, the proposed lender, and the City that will allow for the removal of the Declaration of Substandard, conditioned upon the agreed time line. Ms. Bohne stated that there may be some misunderstanding as to when the garage bathroom is to be moved. Mr. Guerra clarified that their understanding and recommendation is based on the request by the owner to build the bathroom and bedroom in the back of the existing house in approximately a six month period, and at the end of that period, the substandard conditions would be removed. The matter would no longer be before the Board, and the Board would no longer be involved in the construction phase of the new house. Boardmember Imperial suggested that staff meet with the owners as soon as possible to inspect the property, and put their findings in writing. Mr. Imperial volunteered to meet with the owners when staff meets with them. MOTION BY BOARDMEMBER TAYLOR, SECOND BY BOARDMEMBER IMPERIAL that staff meet with the owners, inspect the property, start the loan process, and have this item returned at the next Rehab Appeals Board meeting. Vote resulted: REGAB9-28-99 PAGE#5 Aye: Bruesch, Clark, Vasquez, Imperial, Taylor No: None Absent: None Abstain: None The Chairman declared said motion duly carried and so ordered. Boardmember Bruesch requested that staff note their conversation and recommendations in writing. Mr. Guerra and Mr. Lyons asked Ms. Bohne if they can meet with her tomorrow (Wednesday) at 6:00 p.m. • Ms. Bohne answered yes. A. 2722 DEQUINE AVENUE There was no one in the audience representing this property. James Guerra, Consulting Building Oficial, stated that there had been no changes. MOTION BY BOARDMEMBER BRUESCH, SECOND BY BOARDMEMBER TAYLOR that the Board find the property substandard and order that all substandarad conditions be removed and/or corrected by December 1, 1999. However, if the required permits are obtained, and sufficient progress is achieved by December 1, 1999, the abatement date may be extended to January 1, 2000. Vote resulted: Aye: Clark, Bruesch, Vasquez, Imperial, Taylor No: None Absent: None Abstain: None The Chairman declared said motion duly carried and so ordered. HI. STATUS REPORTS A. SUBSTANDARD BUILDINGS AND PROPERTIES B. BUILDING REHABILITATION APPEALS BOARD C. CITY PROSECUTING ATTORNEY REFERRAL UPDATE The foregoing items on the Status Reports did not require any action. IV. MATTERS FROM OFFICIALS - None V. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 7:50 p.m. The next regular meeting is scheduled for October 26, 1999, at 7:00 p.m. Respectfully submitted: APPROVED: Board Secretary CHAIRMAN REGAB9-28-99 PAGE#6