REHAB - Approval of Minutes 02-24-98 •
• NOT 07- 7-777.11,
MINUTES OF THE REGULAR MEETING
ROSEMEAD BUILDING REHABILITATION
APPEALS BOARD
FEBRUARY 24, 1998
The regular meeting of the Rosemead Building Rehabilitation Appeals Board was called to order
by Chairman Imperial at 7:03 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 Clark, Taylor, Vasquez, and Chairman Imperial
Absent: Vice-Chairman Bruesch
APPROVAL OF MINUTES: JANUARY 27, 1998 -REGULAR MEETING
MOTION BY BOARDMEMBER TAYLOR, SECOND BY BOARDMEMBER
VASQUEZ that the Minutes of the Regular Meeting of January 27, 1998, be approved as
adopted. Vote resulted:
Aye: Vasquez, Imperial, Clark, Taylor
No: None
Absent: Bruesch
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.
II. HEARINGS
A. 2632 EARLE AVENUE
The owners of the property were not present at this time. The Board proceeded to
Item II B.
B. 2709-11 FALLING LEAF- REHEARING
The subject property consists of an owner occupied single family dwelling and a second
tenant-occupied unit. This property was previously before the Board on January 27, 1998. At
that time, the Board ordered that the case be returned for Rehearing on February 24, 1998. The
Board directed the City Attorney to research the requirements for unpermitted construction, and
directed Building Department staff to arrange for interior inspection. Interior access was gained
on February 9, 1998. Inspection revealed numerous substandard and potentially hazardous
conditions. A second illegal kitchen was also observed in the unpermitted addition at the front
residence, 2711 Falling Leaf Avenue, and appears to have been used as a separate third unit. A
revised list of defects was generated and mailed to the property owner on February 9, 1998.
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A Notice of Rehearing was mailed and posted on the property on February 10, 1998. All
interested parties have been notified.
The City Building Official recommends that the Board find the property substandard and
order removal of all unpermitted, non-conforming portions of the front (2711 Falling Leaf
Avenue) and rear(2709 Falling Leaf Avenue) units and correction of all other substandard
conditions by March 12, 1998. However, if necessary permits for removal and corrective work
are obtained by March 12, 1998, the abatement date may be extended to April 13, 1998. If
sufficient progress is achieved by April 13, 1998, the abatement date may be extended to May 11,
1998.
Art Franco and Maria Franco, 2709 Falling Leaf, were present.
Mr. Franco passed out photos and his written response to the list of defects and proceeded
to explain that the northwest corner addition at 2711 Falling Leaf was constructed without
permits and approvals. However, that was prior to Mrs. Franco's purchase of the property 17
years ago. Mr. Franco continued that the unit also came with bathroom facilities, but, does not
agree that the addition contains complete kitchen facilities as it only has one sink and the rest of
that area is used as storage.
Steve Bailey, Deputy Building Official, stated that the addition has a kitchen sink,
provisions for cooking facilities, electrical outlet for a refrigerator, and kitchen cabinetry.
Mr. Franco agreed that there is unpermitted exterior plumbing and proposed using that
small area as a washing and drying facility by utilizing the existing lines, and obtaining the proper
permits for it. Mr. Franco stated that the addition has a door for ingress and egress and a
window.
Boardmember Clark requested clarification from staff.
Mr. Bailey explained that emergency egress as defined by the Building Code has size and
height requirements for windows to allow a person to escape and to allow emergency personnel
to enter with their gear. Mr. Bailey continued that because of the close proximity of the property
line between the two structures, 3' on either side, they would not be allowed to have any openings
in those areas because of the fire wall requirements.
Boardmember Taylor asked if the owner has discussed these defects with the Building
Inspector in the past or are these new issues.
James Guerra, Building Official, stated that the legality of the units is the issue, and they
have attempted to resolve the issue before.
Mr. Bailey stated that he talked with the owner today regarding the latest revised list of
defects, setback requirements, firewall resistance and also some zoning issues. Mr. Bailey added
that Mr. Franco agreed to repair the electrical hazards on the rear unit.
Boardmember Taylor asked when Mr. Franco agreed with those conditions.
Mr. Bailey responded that Mr. Franco has agreed on previous occasions and today he
agreed with some of the issues on the rear structure regarding electrical hazards.
Boardmember Taylor asked about the possibility of moving the washer and dryer as
explained by Mr. Franco.
Mr. Bailey stated that that would be possible.
Mr. Guerra asked if the Board wanted to defer this item to allow staff to review Mr.
Franco's rebuttal list.
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Boardmember Clark verified that the crux of this case is the legality of the additions, that
L.A. County allowed the garage conversion and that the additions are unpermitted.
Boardmember Clark explained that exceptions cannot be made for one person by allowing the
illegal additions to remain and not for others;that would be unfair and if the addition was wrong
in the first place, then it should not be there. Ms. Clark stated that there are people today that will
build illegal additions over the weekend when the Building Inspectors are not there and then they
will try to make "corrections" at a later date. Ms. Clark explained that technically this house
should have a garage and if the owner wants to expand on what was permitted, then they would
have to provide parking.
Mr. Guerra agreed with Boardmember Clark and stated that items 2 and 3 on the front
unit, and item 1 on the rear unit were built without permits and no code compliance would assist
them in getting past that point. Mr. Guerra stated that item 1, the washer and dryer at the front
unit is correctable, but no amount of Building Department review would change the fact that
those additions require permits and no permits can be issued at this time.
Boardmember Taylor asked if it would be possible to build a garage.
Mr. Franco responded that he did not think that would be possible..
MOTION BY MAYOR IMPERIAL, SECOND BY BOARDMEMBER CLARK that the
Board find the property substandard and order removal of all unpermitted, non-conforming
portions of the front (2711 Fallling Leaf Avenue) and rear (2709 Falling Leaf Avenue)units and
correction of all substandard conditions by March 12, 1998. However, if necessary permits for
removal and corrective work are obtained by March 12, 1998, the abatement date may be
extended to April 13, 1998. If sufficient progress is achieved by April 13, 199, the abatement
date may be extended to May 11, 1998. Vote resulted:
Aye: Vasquez, Imperial, Clark, Taylor
No: None
Absent: Bruesch
Abstain: None
The Chairman declared said motion duly carried and so ordered.
Mr. Franco continued to speak on the illegal, unpermitted additions and the possibility of
bringing those units up to code.
C. 2543 LA PRESA AVENUE - HEARING
The subject property consists of two, tenant-occupied single family dwellings located in
the R-2 zone. The front unit, 2543 La Presa Avenue, has substandard conditions. A "Please
Letter" was mailed to the property owner on September 18, 1997. Inspection on October 7, 1997
revealed no progress. At that time, the tenant, Ms. Debra Vasquez;informed the building
inspector that the property owner, Mr. Steve Moreno, had given her notice to vacate, although no
documentation was provided.
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 15, 1997, requesting abatement of the
substandard conditions. Follow-up inspection on November 17, and December 21, 1997 revealed
no change. At the time of the December 21st inspection, an additional problem, the bathroom
flooring, was brought to the attention of the building inspector. A revised list of defects, with the
one additional item, was mailed to Mr. Moreno on December 29, 1997. On December 31, 1997,
a"fax" was received from Mr. Moreno. He contends that the tenants will not allow him access to
make the necessary repairs. The tenants have informed the inspector that Mr. Moreno's claims
are false.
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Page P3
A Notice of Hearing was mailed and posted on the property on February 10, 1998. All
interested parties have been notified.
The City Building Official recommends that the Board find the property substandard and
order all substandard conditions be removed and/or corrected by April 1, 1998. However, if
permits and approvals are obtained, and sufficient progress is achieved by April 1, 1998, the
abatement date may be extended to May 1, 1998.
VERBATIM DIALOGUE BEGINS:
CHAIRMAN IMPERIAL: Do you have anything to say to this, Mr. Moreno?
STEVE MORENO: Yes, could I have a copy of that.
IMPERIAL: Could you state your name and address for the record, please.
MORENO: Sure. My name is Steve Moreno. My address is P.O. Box 444, Rosemead,
California.
IMPERIAL: Do we accept a P.O. Box?
CITY MANAGER FRANK TRIPEPI: Yes, we accept a P.O. Box.
MORENO: I have some real issues with the City. And, it has to do with quite a few things, so,
what I'll be doing is...These situations were largely created by the tenant to avoid paying rent. I
feel the City assisted both of them. I couldn't gain access to the house. I was threatened, I had to
call the police out on two occasions. It was a bad situation all the way around. I lost $10,000 in
rent, which, when I asked for the rent, they told me to speak to Rose. I have no idea what this is
coming down to, but I know I incurred a huge loss. These repairs or defects are largely due to
the tenants. When they acquired the property, they signed off on it - it had been freshly cleaned,
painted and everything was in working order. Now, this was written up, we can go from there...
BOARDMEMBER TAYLOR: Mr. Chairman. When did the tenant sign this agreement?
MORENO: This is back in March or April.
TAYLOR: Of last year?
MORENO: Of '97.
TAYLOR: When did we get those pictures that we just looked at?
MORENO: We have pictures...?
BUILDING OFFICIAL JAMES GUERRA: All of our actions date from 1998.
TAYLOR: September'97...September 17, '97...September...
DEPUTY BUILDING OFFICIAL STEVE BAILEY: September was the initial complaint.
TAYLOR: Take a look at that bathtub and shower. Show it to Mr. Moreno.
GUERRA: (To Mr. Moreno) This is a picture taken September 17th.
TAYLOR: So that kind of corrosion was there before your tenants, excuse me, you said what
month? Did they sign the agreement?
MORENO: It was either March or April of 97 when they moved in.
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Page 44
TAYLOR: March or April, and that kind of deterioration occurred in that short a time?
MORENO: These people weren't very clean. They, I mean, they weren't supposed to have dogs.
They ended up with seven dogs. They weren't supposed to have as many kids as they said they
had. Then ended up with, I think, six kids. They weren't supposed to be doing like an extra
business in the back, and he brought in refrigerators, stoves, washing machines, which the City, I
see, they have no pictures of. But...in other words, from day one I have been going around with
these people. When they approached me, they were paying $1200 for a one room motel room
over here because they said they were burnt out of their house. OK, I rented them this property,
three bedroom, one bath, for $950. I thought I was doing them a favor. They, in turn, they tore
it up.
BOARDMEMBER CLARK: They tore it up?
MORENO: Yes.
CLARK: Look at the picture of the porch, the front porch eaves.
GUERRA: The one taken today.
MORENO: The front porch?
CLARK: That kind of deterioration doesn't happen in 11 months.
MORENO: Are we talking the paint? That's_.we're talking cosmetic. I'm talking actual damage.
The front post...
CLARK: You stated in your opening sentence that you had everything freshly painted and it was
nice.
MORENO: Pardon me.
CLARK: You stated in your opening sentence that everything was freshly painted...
MORENO: On the interior. I don't claim to have painted anything on the exterior.
CHAIRMAN IMPERIAL: Oh, that wasn't specified.
MORENO: I'm saying the interior.
IMPERIAL: Now what you said was that everything was nice...
MORENO: I'm clarifying it right now that the interior...
IMPERIAL: What you said was that everything was nice - not the interior. You didn't say that,
unless I didn't hear it.
MORENO: OK. I'm not here to argue with you. I'm here, you're here, you've requested me to
come in.
IMPERIAL: Right.
MORENO: OK. I'm explaining to you what I have and what I did. OK. I have a signed
agreement from them that the inside was freshly painted, cleaned and everything was workable.
OK...
CLARK: Even the bathtub too?
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Page#5
MORENO: Yes. You...these people were, like I say, they brought in seven dogs, they brought in
six kids.
CLARK: But you said in March or April they signed an agreement, that picture of the eaves in
September...
MORENO: OK. If we're here just to go back and forth. OK. I'm saying the interior was clean
and painted - not exterior. (From notes- had to turn tape over): Agreement states inside was
clean, freshly painted, everything worked. (Verbatim begins again): List of defects, OK, broken
windows, they broke in. Front porch, dilapidated, I don't know what they means, but, those six
kids were incorrigible. I got complaints from the neighbors, I got complaints from the neighbors.
The previous landlord can verify it. To this day...
TAYLOR: Mr. Chairman. We can go down each one of these...
MORENO: Exactly, that's what...
TAYLOR: Whatever is here, Mr. Moreno, what are you going to do about them:
MORENO: Gee, well I guess I'm a...you know...all these things are going to be corrected. But,
I'm not going to sit here and just try and defend this. I sign them off when they enter and they
accept it. And, these damages were created by them.
TAYLOR. OK. Well, the way I see, Mr. Moreno, there's a lot to be done here. There's no
access as far as allowing inspectors...
MORENO: No there isn't.
TAYLOR: You have some tenants giving you a problem to get it taken care of So in order to
assist you to get it taken care of, I'm going to make the motion to accept the recommendation to
move this along.
MORENO: That's not...
IMPERIAL: Is there a second% It's been moved and seconded. Any questions?
MORENO: Before you make that, the people, in other words, January...20, no January 30th and
31st I called the police because they weren't allowing me in. What happened was prior to that on,
I believe it was early December, I had called them on a break-in. And, it was a strong suspicion
that they were breaking into the garage. And, at that point, they started to move out...they were
out by February 2nd, which I issued a notice in writing and posted it...
TAYLOR: Wait, wait, wait. They were out on February 2nd?
MORENO: I believe they were out, but I don't know because they didn't inform me. They gave
me no notice.
TAYLOR: Then why did you say that you believe on February 2nd of this month?
MORENO: We're February now, this would be January.
TAYLOR: OK. But, you're saying that you believe they were out?
MORENO: Yes.
TAYLOR: You're the owner and you don't know whether they were out or not?
IMPERIAL: I call for the question.
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Page 86
TAYLOR: Seriously, we'll give you this paperwork and if they're there you can lay it right in
their lap and say "look what you've done to my property, now I have to take further action to get
you our, but, we've got to move this along.
MORENO: Sure.
TAYLOR: If you don't know they've been out a month, I don't understand that.
MORENO: There's an issue for utilities were not cut off Utilities were left on in their name. It's
a legal issue. I'm sure your attorney can explain it to you that you can't just take over a property
just because somebody has left.
TAYLOR: OK.
MORENO: So, that's basically where I'm at now. It's running very close to...I figure by this
month, by the end of this month WI haven't received a reply because I did mail them a letter to
that address. I figure wherever they're getting mail, they should have received it already.
TAYLOR: OK. The recommendation here is, "that the Board find the property substandard and
order all substandard conditions removed or corrected by April 1". That's still a month away.
"However, if permits and approvals are obtained and sufficient progress is achieved by April 1st,
the abatement date may be extended to May 1st". So, that's two months away, I think that's
reasonable. Something's got to get them moving to find out what your tenants are doing. I call
for the question, Mr. Mayor.
IMPERIAL: The question has been called for. All in favor signify by saying Aye. Opposed. So
ordered.
Vote taken from voting slip:
Aye: Vasquez, Clark, Imperial, Taylor
No: None
Absent: Bruesch
Abstain: None
IMPERIAL: (To Mr. Moreno) Talk to staff to guide you along.
MORENO: Which staff, building staff?
IMPERIAL: Yes. Thank you very much.
MORENO: If I could ask what paperwork was going to move this right along?
TAYLOR: You'll be receiving it, Mr. Guerra can let you know and Mr. Kress can let you know
what it is.
MORENO: Is there a reason why it can't be explained right now?
TAYLOR: No, it has to go through the channels. I don't have the proper papers around me so I
can't quote you line-for-line, what it says. You will receive the official papers,
MORENO: OK. One more thing before I leave. Could I have the City business cards from each
one of you.
TAYLOR: No business cards, you pulled that stunt last meeting. No business cards.
MORENO: This is not pulling anything.
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Page#7
TAYLOR: No business card from me.
MORENO: I identified myself
TAYLOR: No business card...
MORENO: Who are you?
TAYLOR: Well, if you don't know, right there (indicating name plate in front of him). And, I'm
sure it's right on the letter that you received up here, "Mayor Imperial, Mayor Pro Tem
Bruesch..., please, Mr. Moreno, don't play ignorant with us.
MORENO: I'm not playing ignorant, I...just because that name tag is sitting in front of you
doesn't mean anything.
TAYLOR: It's all on the letter...
IMPERIAL: You've identified yourself show your identification.
MORENO: Exactly, exactly.
IMPERIAL: Show me your identification, I'll show you mine, OK. Let's not play this game.
MORENO: If you call me to one of these hearings and you ask me to identify myself, I suggest
you identify yourself I don't see a problem with it.
IMPERIAL: My name is Jay Imperial.
MORENO: OK. You have a business card, I'd like a business card from each one of you.
TAYLOR: No business card from me, I know the trick with business cards.
IMPERIAL: You have a business card.
MORENO: No, I don't.
IMPERIAL: Well, I'm sorry...
TAYLOR: Mr. Chairman, I'd like to move on please.
IMPERIAL: I agree, thank you.
MORENO: I'm asking you, I'd like to have a business card from each one of you.
IMPERIAL: I think that you can talk to staff after this, Mr. Moreno, OK. We're going to get on
with our business. Earle Avenue beginning...
TAYLOR: Mr. Chairman...
IMPERIAL: Recommend approval on Earle Avenue.
TAYLOR: Mr. Chairman. Can we have this in the minutes verbatim so Mr. Moreno can clearly
understand what was said.
IMPERIAL: Absolutely.
MORENO: No, I can't...I can't understand...
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Page b8
TAYLOR: Well, we're putting it in the minutes verbatim.
MORENO: MI I see is, is see nothing but argumentative...
TAYLOR: Well, it's in the minutes verbatim. What is that Mr. Chairman.
VERBATIM DIALOGUE ENDS.
C. 2632 EARLE AVENUE
The owners were not present.
Mr. Guerra stated that he believes the applicant concurs with the Building Official
recommendations in obtaining demolition permits.
MOTION BY BOARDMEMBER TAYLOR, SECOND BY BOARDMEMBER
VASQUEZ that the Board find the property substandard and order all substandard conditions
removed and/or corrected by April 1, 1998. However, if permits and approvals are obtained, and
sufficient progress is achieved by April 1, 1998, the abatement date may be extended to May 1,
1998. Vote resulted:
Aye: Vasquez, Clark, Imperial, Taylor
No: None
Absent: Bruesch
Abstain: None
The Chairman declared said motion duly carried and so ordered.
III. STATUS REPORTS
A. SUBSTANDARD BUILDINGS AND PROPERTIES
B. BUILDING REHABILITATION APPEALS BOARD
C. CITY PROSECUTING ATTORNEY REFERRAL UPDATE
Chairman Imperial requested an update on 4623 Earle Avenue.
Robert Kress, City Attorney, responded that there have been no changes.
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 March 24, 1998, at 7:00 p.m.
Respectfully submitted: APPROVED
Board Secretary CHAIRMAN
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