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REHAB - Approval of Minutes 1/27/98 NOT 02r7.0-Ar, rrar_TIL AFPEE 1.2:62 MINUTES OF THE REGULAR MEETING ROSEMEAD BUILDING REHABILITATION APPEALS BOARD JANUARY 27, 1998 The regular meeting of the Rosemead Building Rehabilitation Appeals Board was called to order by Chairman Imperial at 7:00 p.m. in the Conference Room of City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Boardmember Vasquez The Invocation was delivered by Vice-Chairman Bruesch. ROLL CALL OF OFFICERS: Present: Boardmembers Clark, Taylor, Vasquez, Vice-Chairman Bruesch, and Chairman Imperial Absent: None APPROVAL OF MINUTES: NOVEMBER 25, 1997 - REGULAR MEETING MOTION BY BOARDMEMBER TAYLOR, SECOND BY BOARDMEMBER VASQUEZ that the Minutes of the Regular Meeting of November 25, 1997, be approved as submitted. Vote resulted: Aye: Bruesch, Vasquez, Imperial, Clark, Taylor No: None Absent: None Abstain: None The Chairman declared said motion duly carried and so ordered. I. ADMINISTRATION OF OATH The Board Secretary administered the oath to all persons wishing to address the Board. H. HEARINGS A. 2709-11 FALLING LEAF The subject property consists of an owner-occupied single family dwelling and a second, tenant-occupied unit. The property is zoned R-2. A "Please Letter' and a "bulky item" trash notice were mailed to the property owner on July 7, 1997. The owner, Mrs. Franco, came to City Hall on July 10, 1997 to discuss the list of defects. The record search procedure was explained, and additional time was granted for Mrs. Franco to obtain information from the County. On August 26, 1997, Mrs. Franco returned to City Hall with permit documentation that substantiated the legality of one garage conversion, but not all of the additions. Inspection on September 22, 1997 revealed no progress. The Building Official declared the property substandard and filed a Declaration of Substandard Property with the Los Angeles County Recorder's office. A "Thirty Day" certified letter was mailed and posted on the property on October 7, 1997, requesting abatement of the substandard conditions. The property owner requested a meeting at the site on October 7, 1997. Mrs. Franco sent her brother-in-law, Arturo Franco, to represent her at the meeting. He did not agree that the illegal additions must be removed. Mr. Franco came to City Hall on November 6, 1997 to discuss the issues with Planning REHAB L27-98 Page W1 Department staff. He was again informed that the unpermitted additions could not be legalized and must be removed. He then advised staff not to have any further contact with the owner, as she was ill and very upset. He said her attorney would be in contact with the City. Follow-up inspection on November 26, 1997 showed no change. To date, no permits have been obtained, and no attorney has contacted staff regarding this case. A Notice of Hearing was mailed and posted on the property on January 12, 1998. All interested parties have been notified. The City Building Official recommends that the Board find the property substandard and order all substandard conditions removed and/or corrected by March 2, 1998. Art Franco, brother-in-law of Maria Franco, 16503 Tristan Court, Whittier and Maria Franco, owner, 2709 Falling Leaf were present. Chairman Imperial asked if an attorney was present to represent Mrs. Franco. Mr. Franco responded No, that must have been a miscommunication and they are here today to find a resolution to this problem. Mr. Franco stated that this property was purchased 20 years ago and these structures were already there. Boardmember Clark asked if there is an existing garage for cars to park in. Mr. Franco responded that there is not and that about 50 years ago a garage conversion was permitted to turn the garage into living quarters. Mr. Franco continued that the washer and dryer presently outside the structure can be moved inside and the necessary permits obtained. Mr. Franco added that the Building Inspector can inspect the interior additions to the legal garage conversion and that Mrs. Franco will do what is necessary to bring it up to code. James Guerra, Building Official, stated that this matter was reviewed by the Planning Department and bringing it up to code may not be possible. Peter Lyons, Planning Director, explained that the two additions to the legal garage conversions never had permits and, therefore, have to be considered new construction, as well as the illegal addition to the house and patio. Mr. Lyons stated that this is a non-conforming property and that the property currently has no legal covered parking for cars. By today's standards this property could only have one home. Boardmember Taylor asked what recourse is there to salvage this situation to bring the living standards up to code. Mr. Lyons stated that the owners will be allowed to maintain these two homes and remodel the interiors; however they cannot add square footage. Boardmember Bruesch asked if the patio area could be converted into a parking area. Frank Tripepi, City Manager, suggested that the Building Inspectors make the interior inspections and added that the owners have made good progress, and to defer this item to the next meeting to allow the City Attorney to research if there is a legal way to allow the existing additions to remain if they are brought up to code. MOTION BY BOARDMEMBER TAYLOR, SECOND BY BOARDMEMBER CLARK that this item be deferred to the next meeting to allow the Planning Director and City Attorney to research the possibility of allowing the existing buildings to remain if they are brought up to code and that all interior units be inspected. Vote resulted: REHAB ETERS Page#2 Aye: Bruesch, Vasquez, Imperial, Clark, Taylor No: None Absent: None Abstain: None The Chairman declared said motion duly carried and so ordered. B. 7701-7707 HELLMAN AVENUE The subject property consists of five vacant rental units located in the R-3 zone. A "Please Letter" was mailed to the property owners on October 30, 1996. Inspection on December 4, 1996 revealed no progress. The Building Official declared the property substandard and filed a Declaration of Substandard Property with the Los Angeles County Recorder's office. A "Thirty Day" certified letter was mailed and posted on the property on December 17, 1996, requesting abatement of the substandard conditions. Inspection on January 17, 1997 again revealed no progress. On January 23, 1997, the Building Official met at the site with the property owners and the property manager. The list of defects was reviewed and permit requirements were discussed. The property manager, Mr. Lai, agreed to arrange for interior access to all units. A follow-up inspection on February 24, 1997 showed no progress. On February 25, 1997, the building inspector spoke with Mr. Lai. Mr. Lai indicated that he believed the building would be demolished, but said he was also getting bids for repairs. On March 3, 1997, interior access was gained into three of the units. No additional defects were observed. On March 11, 1997, access was gained into the remaining two units. Additional deficiencies were noted, and a revised list of defects was generated. That same day, one of the owners, Roger Frantz, contacted the building inspector. He said they had decided to demolish the buildings and would be in for permits within thirty days. On March 24, 1997, a "bulky item" trash notice was mailed to the property owners and the tenants. Inspection on April 15, 1997 revealed no progress had been made at the property, and no permits had been obtained. On April 24, 1997, the building inspector again spoke with Roger Frantz. Mr. Frantz agreed to provide documentation of the evictions that were in progress, but stated one tenant at 7705 Hellman Avenue had a lease that was valid until October 1997. Mr. Frantz said he would obtain demolition permits once the tenants had vacated. Progress inspection on May 15, 1997, showed no change at the property. Another inspection on June 25, 1997 showed that one house, 7707 Hellman Avenue, was vacant and boarded. All other remained occupied. Inspections on July 24, 1997, and August 26, 1997 revealed no change from the previous inspection. On September 25, 1997, telephone contact was made with Steven Frantz, the other property owner. He assured the building inspector that all tenants would be out by October 31, 1997, and that demolition permits would be obtained. On October 8, 1997, another trash notice was sent. Inspection on November 24, 1997 confirmed that all but one unit were vacant. By December 29, 1997 all units were vacant and secure. On January 5, 1998 a third trash notice was mailed to the owner. To date, neither permits for repairs nor demolition have been obtained. A Notice of Hearing was mailed and posted on the property on January 12, 1998. All interested parties have been notified. The City Building Official recommends that the Board find the property substandard and order all substandard conditions removed and/or corrected by March 2, 1998. Mr. Tripepi presented the staff report. Steven Franz, 2701 Bullrush, Cardiff and Roger Franz, 6767 Avenida Endora, La Jolla, were present. Boardmember Taylor asked the Franz's what do they intend to do with property. REHAB 1-27-98 Page k3 Steven Franz responded that the last of their tenants were out as of December and the units are boarded up. Mr. Franz stated that they do not want to demo the property as they want to sell it and the prospective buyers have indicated that they will demo the property themselves. Boardmember Taylor stressed that that property cannot remain the way it is until they are ready to sell it. Vice-Chairman Bruesch stated that the following two items have to be dealt with immediately: I) remove the wood and debris from the garage; and 2) trim the weeds and foliage as those items constitute a fire hazard. MOTION BY BOARDMEMBER TAYLOR, SECOND BY VICE-CHAIRMAN BRUESCH that the Board find the property substandard and order all substandard conditions removed and/or corrected by March 2, 1998. Before vote could result, more discussion ensued. Vice-Chairman Bruesch requested that the motion be amended to include that the wood and debris be removed from the garage within seven days. James Guerra, Building Official, stated that the Ordinance requires a minimum of ten days on any direct action and that the buildings will be closed to any unlawful entry. Roger Franz verified that each of the five structures will need their own demo permits. Boardmember Clark informed the owners that this week is the "bulky item" pickup week. There being no further discussion, vote resulted: Aye: Bruesch, Vasquez, Imperial, Clark, Taylor No: None Absent: None Abstain: None The Chairman declared said motion duly carried and so ordered. III. STATUS REPORTS A. SUBSTANDARD BUILDINGS AND PROPERTIES No action required on this item. B. BUILDING REHABILITATION APPEALS BOARD No action required on this item. C. CITY PROSECUTING ATTORNEY REFERRAL UPDATE No action required on this item. IV. MATTERS FROM OFFICIALS Boardmember Clark requested the history on cases such as 2709-11 Falling Leaf, to ascertain if the City has been consistent in dealing with these illegal conversion. Mr. Tripepi responded that historically, if a garage conversion has a permit, the Board will allow it to remain, if it does not, then it cannot stay and that the City has remained consistent. REHAB 1-27-98 Page d4 Mr. Guerra agreed with Mr. Tripepi. V. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 7:45 p.m. The next regular meeting is scheduled for February 24, 1998, at 7:00 p.m. Respectfully submitted: APPROVED: Board Secretary CHAIRMAN REHAB 1-27-98 Page#5