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CC - 05-29-07011 0 MINUTES OF THE SPECIAL MEETING ROSEMEAD CITY COUNCIL May 29, 2007 The special meeting of the Rosemead City Council was called to order by Mayor Tran at 6:40 p.m. in the Council Chambers of City Hall, at 8838•E. Valley Boulevard, Rosemead, California. The meeting recessed at 6:41 to finish out the Community Development Commission meeting and came back into session at 6:53 pm. The pledge to the flag was led by Mayor Tran and the invocation was delivered by Councilmember Taylor. ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Low, Taylor, Mayor Pro Tern Nunez and Mayor Tran Absent: None 1. PRESENTATIONS A. Certificates of Appreciation for Students and Donors for "Rebuilding Together" West San Gabriel Valley Affiliate Planning Services Administrator Brad Johnson presented a slide show documenting the group's project in Rosemead. Sponsors of the project included: The City of Rosemead, Panda Restaurant Group, Wal-Mart, Countrywide, Paint Depot and Consolidated Disposal. Volunteer groups involved in the project included: The Kana Kai Club of San Gabriel High School, Countrywide and a local fraternity from Cal State LA. Certificates of appreciation were presented to volunteers and sponsors in attendance. Mayor Tran and Councilmembers Clark and Low expressed appreciation for their efforts. 2. PUBLIC COMMENT FROM THE AUDIENCE Ana Ly from the Asian Pacific Family Center presented the City with a Certificate of Appreciation for hosting alcohol-free events. Councilmember Clark and Mayor Tran expressed appreciation for the work the group is doing. Agnes Tham from the Asian Youth Center presented the Council with an update since the passage of the Smoke-Free Parks Ordinance last year. Seven ads were placed in Asian newspapers to educate the public about the Ordinance; they were submitted to the City Clerk. Ms. Tham announced the Asian Youth Center purchased 10 additional signs from the County at no cost to the City which will be placed near the Children's playground areas. City Council Minutes: Special Meeting 5-29-07 Page 1 of 15 • e Nancy Eng from the Asian Community Advisory Committee invited Council and community members to a Graffiti workshop on June 5th hosted by the Los Angeles County Sheriffs Department, Temple Station and the Asian Community Advisory Committee. Translation in Chinese and Vietnamese will be provided. Ron Esquivel, residing at 8722 Loftus Drive, thanked the Fire and Sheriffs departments for their exemplary and prompt service. Frances Chavez, residing at 4721 Bartlett Avenue, suggested the City charge for overnight street parking. She also urged Code Enforcement staff enforce the prohibition of business trucks parked in residential driveways. Juan Nunez, residing at 2702 Del Mar, expressed concern about trash at a property at Garvey and Del Mar. City Manager Lazzaretto indicated staff would look into the issue. Marlene Shinen, residing at 8447 Drayer Lane, South San Gabriel, expressed dissatisfaction with Councilmember Clark's distribution of a postcard with a misprint to residents about design guideline changes and her direction to staff to issue the Wal- Mart Certificate of Occupancy earlier than planned resulting in a Brown Act violation. Ms. Shinen also spoke against the possibility of 24-hour Wal-Mart operating hours and the possibility of selling guns at Wal-Mart. Councilmember Clark clarified that she followed the City Attorney's guidelines when she made the motion to issue the Wal-Mart Certificate of Occupancy. Councilmember Taylor spoke in support of Councilmember Clark and cautioned that some of Ms. Shinen's facts were distorted. Barbara Murphy, residing at 9125 Bentel, commented about law enforcement activity on her street pertaining to a drug house. Ms. Murphy also complained about bulk items that are not picked up on trash day; she suggested Consolidated Disposal send out a notice in relevant languages advising residents about bulk pick-up procedures. The Council directed staff to contact Consolidated Disposal regarding Ms. Murphy's suggestion. Ruby Ratterree, Rosemead resident, discussed some improvement regarding noise issues at Casa Latina but indicated more needed to be done. She also spoke against big trucks going down Muscatel. Mayor Tran asked staff investigate Ms. Ratterree's complaints. Alejandro Gandara, Rosemead resident, suggested the City might assist residents close to Casa Latina with double pane windows. Mr. Gandara also suggested and volunteered for an Election Committee to promote voter participation and settle procedures in case of tie. He also spoke in support of the July 4th parade. City Council Minutes: Special Meeting 5-29-07 Page 2 of 15 • 3. PUBLIC HEARINGS D. Single-Family Residential Design Guidelines On April 10 and May 8, 2007, staff presented proposed single-family residential design guidelines and municipal code text amendments to the City Council for adoption during the required public hearing. Due to several requests made for additional design issues to consider by both the public and members of the City Council, the public hearing item was continued to May 29, 2007. The City Council by unanimous decision at the May 8, 2007 public hearing directed the staff to leave in place the existing standards related to front yard fencing. Therefore the ordinance and design guidelines have been modified from previous versions to leave the existing requirements in place with the exception of a "no fee permit" review process that would still allow for a City review of any new proposed front yard fencing in R-1 and R-2 zones. Staff has carefully reviewed and considered each of the comments received regarding the proposed single-family residential design guidelines and municipal code text amendments. Revisions have been made to both the guidelines and ordinance where determined appropriate and where directed by the City Council. This report has been prepared to review the revisions and address each of the issues that were raised at the previous public hearings. Recommendation: That the City Council take the following action: 1) Adopt Ordinance 851 -Amending subsections 17.12, 17.16, 17.20, and 17.112 of the Rosemead municipal code relating to single-family residential design standards. 2) Adopt the proposed Single-Family Residential Design Guidelines. 3) Adopt a negative declaration finding that the project will not have a significant adverse effect on the environment. Planning Services Administrator Johnson gave a presentation regarding the item and announced that front yard fencing guidelines were modified to leave in place the current 4' height after public comment at the last hearing. Mr. Johnson asked for direction on items the Council brought up in the previous meetings: square footage threshold that will trigger a Conditional Use Permit, parking restrictions in front yard areas, second floor design standards and mirrored windows. Mr. Johnson summarized requests made by members of the public and discussed staff recommendations for each of the requests. City Council Minutes: Special Meeting 5-29-07 Page 3 of 15 0 0 The public hearing opened at 8:00 pm and closed at 8:20 pm. The following Rosemead residents spoke: Juan Nunez, residing at 2702 Del Mar, requested clarification on the fence heights. Todd Kunioka, residing at 8400 Wells Street, spoke in support of the Design Guidelines, suggested the trigger square footage be kept at 3,000 sq. ft. and spoke against reflective screening. Brian Lewin, residing at 9501 Ralph St., spoke in support of keeping the CUP trigger point at 2,500 sq. ft. and against reflective screening. Jim Flournoy, residing at 8655 Landisview Lane indicated screens are available that keep the heat out, but are not reflective. Barbara Murphy, residing at 9125 Bentel spoke against mansion-sized homes. A resident, who only identified himself as a refugee from Vietnam and a Rosemead' resident, spoke in support of design guidelines. Valerie Basquette, residing at 4509 Walnut Grove, suggested fireworks not be sold due to the severe drought this year and resulting fire hazard. Mayor Tran reminded Ms. Basquette that the current discussion involved Design Guidelines. Councilmember Clark suggested the CUP trigger and parking restrictions be pulled for separate consideration aside from the remainder of the Ordinance. Councilmember Taylor raised concerns about Section 17.12.70, regarding the registration of non-conforming buildings/uses and approving Design Guidelines prior to the General Plan update in a few months. Mayor Pro Tern Nunez suggested the registration of non-conforming buildings be revisited in six months. Councilmember Clark suggested the item be taken out of the Ordinance, but felt the requirement was a good one for commercial buildings. City Attorney Garcia suggested the non-conforming building registration be changed to apply to zones other than R-1 and R-2 (residential). Councilmember Taylor asked for clarification about additional design changes for R-1 and R-2 zones homes that are 20% larger than a neighbor's adjoining property. He also requested information about site plan review costs, application process and mutton window treatments. City Council Minutes: Special Meeting 5-29-07 Page 4 of 15. 0 Mayor Tran requested clarification regarding properties that are close to entitlement. City Attorney Garcia suggested he work with staff to come up with a fair and equitable effective date for the new guidelines. Councilmember Clark asked for clarification about the architectural review committee. Mayor Tran discussed Councilmember Taylor's concerns that design incentives would unfairly penalize residents. Planning Services Administrators Johnson clarified that incentives are in place for nicer home enhancements; however, residents will not be penalized for modest, inexpensive enhancements. Mayor Pro Tern Nunez made a motion, with a second by Councilmember Low to approve the staff recommendation with four changes: 1) To amend 17.12.070 to state that non-conforming building registration applies to zones other than R-1 and R-2 (residential); 2) Exclude Section F on 17.16.240; 3) Exclude for separate consideration the CUP square footage trigger point; and 4) Exclude for separate consideration - driveway parking restrictions. Vote resulted: Yes: Clark, Low, Nunez, Tran No: Taylor Absent: None Abstain: None Councilmember Clark made a motion to keep the Conditional Use Permit (CUP) threshold trigger at 2,500 sq. ft. The motion died for a lack of a second. Mayor Pro Tern Nunez made a motion with a second by Councilmember Low to accept the staff recommendation of a 3,000 sq. ft. trigger for a CUP. Vote resulted: Yes: Low, Nunez, Tran No: Clark, Taylor Absent: None Abstain: None Mayor Pro Tern Nunez made a motion, with a second by Councilmember Low to clarify the wording on the section on driveway parking restrictions to start the sentence with the term "Corner Lots" rather than have the term in the middle of the sentence. Vote resulted: Yes: Clark, Low, Nunez, Taylor, Tran No: None Absent: None Abstain: None City Council Minutes: Special Meeting 5-29-07 Page 5 of 15 • 01 B. Appeal of Design Review 05-132; Zone Variance 05-330 and Zone Variance 06-340 - Modifications to Conditions of Approval As part of the entitlement process for the properties located at 8815-8855 Valley Boulevard, two conditions were placed on both the property owner of the shopping center (Bob Nguyen) and the owner of the Universal Bank structure (Eric Lee). The first condition required the two owners to submit an agreed upon parking lot striping plan for both parcels. The second condition required each owner to submit a written agreement that the adjacent property owner is allowed to develop their property according to the designs approved by the Planning Commission. On May 7, 2007, the Planning Commission denied a staff initiated recommendation to remove and modify the conditions of approval that were originally placed on the entitlement approvals for parking variances and design review applications for the properties located at 8815-8855 Valley Boulevard. On May 14, 2007 the City Clerk's office received an appeal letter from a member of the City Council, appealing the decision of the Planning Commission and requesting that a hearing take place before the full City Council. Recommendation: That the City Council take the following action: 1) Delete condition 44 and 45 of PC Resolution 06-26 and condition 33 and 34 of PC Resolution 06-27. Planning Services Administrator Johnson announced property owner Bob Nguyen and his lawyer requested the public hearing be continued to a later date and then went on to summarize the project stalemate between the two property owners. The public hearing opened at 9:35 pm and closed at 9:45 pm. Rosemead residents Jim Flournoy, Barbara Murphy, Brian Lewin, Jerry Quirk and Juan Nunez addressed the Council regarding the design review appeal. Topics discussed included concern about the number of parking spaces and potential city liability. Councilmember Clark made a motion, with a second by Councilmember Taylor to continue the hearing as requested by one of the property owners. After discussion, Mayor Pro Tern Nunez made a substitute motion with a second by Councilmember Low to accept the staff recommendation to delete condition 44 City Council Minutes. Special Meeting 5-29-07 Page 6 of 15 • 01 and 45 of Planning Commission resolution 06-26 and condition 33 of Planning Commission Resolution 06-27. Vote resulted: Yes: Low, Nunez, Taylor, Tran No: Clark Abstain: None Absent: None 4. CONSENT CALENDAR A. Resolution No. 2007-16 Claims and Demands Recommendation: Adopt Resolution No. 2007-16, for payment of City expenditures in the amount of $1,436,540.16 demands 57148 through 57373. C. Approval of Riding Lawn Mower Specifications and Authorization for Staff to Solicit Bids for a New Mower The existing riding lawn mower used to mow all of the City's parks is over thirteen years old and is beginning to require additional repairs. As part of this year's budget, $27,000 was allocated to purchase a new riding lawn mower. In addition, bids will be opened on June 25, 2007, therefore, the funds will need to be carried over to the next fiscal year. Recommendation: That the City Council approve the specifications and authorize staff to solicit bids for a new riding mower. D. Approval of Rubber Play Surface Specifications and Authorization for Staff to Solicit Bids for New Rubber Play Surface at Sally Tanner Park Sally Tanner Park is one of the last facilities that uses sand underneath the play equipment as a cushioning material. It is proposed that the sand be replaced with a resilient rubber surface. Recommendation: That the City Council approve the specifications and authorize staff to solicit bids for the installation of a rubber play surface at Sally Tanner Park. E. Release of Bond - Parcel Map 64210 9213 Marshall Street A Faithful Performance Bond and a Labor and Material Bond were required to guarantee construction of new curb and gutter, sidewalk, City Council Minutes: Special Meeting 5-29-07 Page 7 of 15 driveway, and sewer laterals for Parcel Map 64210. In lieu of bonds, a Certificate of Deposit was issued to the City in the amount of $10,500. Recommendation: That the City Council accept the public improvements and release the Certificate of Deposit. F. Approval of Amendment to 2006 Engineering and Traffic Survey On March 20, 2006, the City Council adopted the 2006 Engineering and Traffic (E&T) Survey which provides recommendations for the posted speed limits on forty-two city street segments. The California Vehicle Code (CVC) requires each city to complete an E&T Survey every seven years in order to continue using radar for traffic speed enforcement. The change in traffic conditions on Rush Street and Walnut Grove Avenue due to the installation of new traffic signals serving the Wal-Mart Store requires a resurvey of the posted speed limits for two affected street segments. Recommendation: That the City Council approve an amendment to the 2006 Engineering and Traffic Study. J. League Of California Cities 2007 Mayors and Council Members Executive Forum & Advanced Leadership Workshops-July 25-28, 2007 The League of California Cities is sponsoring a Mayors and Council Members Executive Forum and Advanced Leadership Workshops taking place from July 25-28 in Monterey. Conference sessions will include: Greening Municipal Buildings; Using,Eminent Domain in the Post Kelo/Prop 90 Era; Planning Public Forums; Dealing with State Housing Mandates; Affordable Housing and Market Rate Housing; California Ethnic & Gay, Lesbian, Bisexual and Transgender Media; Disabled Access Construction Requirements; Local Ballot Measures and Successful Campaigns; and Mobile Home Parks Issues: Recommendation: That the City Council authorize any Council Member, the City Attorney, the City Manager, or a staff designee to attend the event at City expense. Councilmember Low, with a second by Mayor Pro Tern Nunez made a motion to approve Consent Calendar items A, C, D, E, F, and J. Vote resulted: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None City Council Minutes: Special Meeting 5-29-07 Page 8 of 15 B. Minutes April 3, 2007 - Special Meeting Councilmember Clark made a motion, with a second by Councilmember Taylor to approve the minutes with two minor corrections submitted by Councilmembers Low and Clark. Vote resulted: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None G. Compliance with Senate Bill 53 (SB 53) - Ordinance 853: Second Reading In 2006, the Governor signed Senate Bill 53 (SB 53) into law. This new measure requires every city and county with a redevelopment agency to adopt an ordinance by July 31, 2007 that describes all programs "to acquire real property by eminent domain." By approving Ordinance No. 853, the City would come into compliance with SB 53. The proposed ordinance merely restates what is in the Redevelopment Plans for Project Area No. 1 and Project Area No. 2. Ir addition, the Ordinance reiterates existing law, including that the Commission's authority to use eminent domain has expired in Project Area No. 1 and is scheduled to expire on June 27, 2012 in Project Area No. 2, unless the time limitations are extended by amendment to the Redevelopment Plans or as authorized by state law. Recommendation: That the City Council approve Ordinance No. 853 on second reading complying with requirements of Senate Bill 53. Resident Juan Nunez spoke against the process of eminent domain in general; Councilmember Taylor clarified the Ordinance was a legal requirement and eminent domain would only be implemented after due process. Mayor Pro Tern Nunez made a motion with a second by Councilmember Low to approve Ordinance 853 on second reading. Vote resulted: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None H. Comprehensive Planning Services Contract Agreement City Council Minutes: Special Meeting 5-29-07 Page 9 of 15 • • On March 28, 2007 the City received an application from a developer who is proposing to construct a 205,000 square-foot mixed use development with 30 attached condominiums at 7419-7459 E. Garvey Avenue. Given the scope of this proposed project staff worked with the developer to send out requests for proposals (RFP) for environmental planning services to assist with the preparation of required California Environmental Quality Act (CEQA) studies. The cost to hire the consultant will be paid for in full by the developer. Recommendation: That the City Council take the following action: 1) Authorize the Mayor to execute the contract agreement with CPS. 2) Direct staff to obtain a deposit from the developer to cover the full cost for contract services prior to authorizing the consultant to proceed. Resident Jim Flournoy suggested seismic faults in area be considered for this project as well as for future zoning maps. Mayor Pro Tern Nunez made a motion, with a second by Councilmember Low to accept the staff recommendation as stated above. Vote resulted: Yes: Clark, Low, Nunez, Taylor, Tran, No: None Absent: None Abstain: None Phil Martin & Associates Inc. Contract Agreement The City has received an application from the DoubleTree Hotel proposing to expand the size of the hotel by 70,000 square feet. Given the scope of this proposed project, staff worked with the developer to send out requests for proposals (RFP) for environmental planning services to assist with the preparation of required California Environmental Quality Act (CEQA) studies. The cost to hire the consultant will be paid for in full by the developer. Recommendation: That the City Council take the following action: 1) Authorize the Mayor to execute the contract agreement with PMA. 2) Direct staff to obtain a deposit from the developer to cover the full cost for contract services prior to authorizing the consultant to proceed. Councilmember Taylor questioned why it was necessary to require a CEQA study for an existing property to expand. City Council Minutes: Special Meeting 5-29-07 Page 10 of 15 • • Planning Services Administrator Johnson explained the scale of the renovation and possible impact to the community mandated the CEQA requirement. Mayor Pro Tern Nunez made a motion with a second by Councilmember Low to approve the recommendation as stated above. Vote resulted: Yes: Clark, Low, Nunez, Tran No: Taylor Abstain: None Absent: None Councilmember Taylor stated for the record he supported the project but the reason he voted "No" was because he could not justify the extra cost to developers for a CEQA study. 5. MATTERS FROM MAYOR & CITY COUNCIL A. Vietnamese American Heritage and Freedom Flag The Vietnamese Refugee Community of Los Angeles County is requesting that the Rosemead City Council support the Vietnamese American citizens of the City Rosemead by adopting Resolution No. 2007-17 acknowledging the Vietnamese American Heritage and Freedom Flag as a symbol of freedom and democracy in Vietnam. Recommendation: That the City Council approve Resolution No. 2007-17 acknowledging the Vietnamese Heritage and Freedom Flag as a symbol of freedom and democracy in Vietnam. This item was moved for discussion after Public Comment at the request of Mayor Tran. Resident Juan Nunez expressed his support for the item with the caveat that the Vietnamese flag not be flown higher than the American flag. Long Nguyen, of the Vietnamese Refugee Community of Los Angeles County, addressed the Council to ask for their support. Mayor Tran and Mayor Pro Tern Nunez spoke in support of the item. Mayor Pro Tern Nunez made a motion, with a second by Councilmember Clark to approve Resolution 2007-17. Vote resulted: Yes: Clark, Low, Nunez, Taylor, Tran No: None Absent: None Abstain: None City Council Minutes: Special Meeting 5-29-07 Page 11 of 15 Councilmember Clark requested certificates or plaques for recently retired Planning Commissioners be presented at the next meeting. Councilmember Low asked for an update on strategic planning goals. 6. MATTERS FROM CITY MANAGER & STAFF A. Garvey Bridge: Status Update Resident Jim Flournoy indicated he supported research on seismic faults out of the University of Oregon. Public Works Director Rukavina reported that the Caltrans and County review of the geotechnical report is complete. The Caltrans review of the structural design is also complete. The County and Caltrans were consistent in their comments about the geotechnical report; no major issues were identified that will impact the design or construction. Willdan Arroyo will address each of the comments by next week's end. B. Fourth of July Parade Consideration Recently, members of the City Council have requested that staff explore the possibility of organizing a 4th of July Parade this year. Over the past several weeks, we have been working to develop some initial projections regarding the possibility of undertaking such an initiative. Based on this initial review and the timeframe within which the event would have to be organized, it could potentially be possible for the City to host a limited 4th of July Parade. However, a significant amount of staff time and resources would have to be invested in order for this project to be carried out and there is no guarantee that the event can be sufficiently coordinated. Recommendation: That the City Council receive this report and provide direction regarding the 2007 Fourth of July Parade. Resident Brian Lewin stated his preference to hold a parade, even if it is a small one this year. He recommended Holly Knapp be chosen as Grand Marshall. Councilmember Low expressed support for the parade. Councilmember Taylor asked if a route had been chosen yet. City Manager Lazzaretto presented the discussed route options. Mayor Tran asked why staff had not started working on the parade earlier, especially since the Parade was requested last year. Councilmember Taylor pointed out that resident volunteers have not stepped forward. Mayor Pro Tem Nunez indicated staff had not contacted volunteers identified last year. City Council Minutes: Special Meeting 5-29-07 Page 12 of 15 Pi City Manager Lazzaretto indicated he knew the Mayor was in favor of the parade, but pointed out the Council did not place the parade on the agenda to direct staff. Councilmember Low reported she has called residents who have indicated they are interested in volunteering. Councilmember Clark asked why staff did not follow through on her request made to the City Manager to contact potential participants to gauge interest. City Manager Lazzaretto updated the Council on staff progress and community response thus far; he asked Deputy City Manager Chi to elaborate on details. Mr. Chi indicated staff has made preliminary calls to local schools and reported there is interest in participating in the parade if the Council approves it. Mr. Chi reiterated Mr. Lazzaretto's assertion that staff was waiting to receive Council direction before officially contacting community groups. Mayor Tran made a motion, with a second by Councilmember Low to approve the parade and appoint Mayor Tran as the Committee Chair with assistance from Councilmember Low, staff and volunteers. Vote resulted: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None 7. CLOSED SESSION A. Conference with Labor Negotiator The City Council will recess to a closed session pursuant to Government Code Section 54957.6. Labor Negotiations Negotiator for the City: Oliver Chi. Employee Unit: Rosemead Employee Association The Council recessed to Closed Session at 10:35 pm and came back to open session at 12:55 pm. Mayor Tran announced the reportable action: Councilmember Clark made a motion, with a second by Councilmember Low to approve in concept the Memorandum of Understanding with the Rosemead Employee Association. Vote resulted: Yes: Clark, Low, Nunez, Tran No: None Abstain: Taylor Absent: None City Council Minutes: Special Meeting 5-29-07 Page 13 of 15 • • Councilmember Taylor stated he is not against employees, but abstained because he wanted additional information. 8. OTHER MATTERS A. Closed Session: Potential Litigation B. Ordinance from the City Attorney Conferring Certain Oversight Authority to City Manager with Respect to Application of the Fire Code - First Reading Recently, the issue of restoring a certain measure of local control and accountability over rules and decisions concerning the application of the fire code, which were promulgated by officials of the County of Los Angeles ("County") who have been contracted to provide fire protection services to the City, has become a concern for City residents. In order to ensure that the interests and concerns of local property and homeowners are considered, staff proposes that oversight authority be given to the City Manager to grant him or her the ability to review, modify, and amend regulations promulgated by County officials within the City's boundaries. The City's "fire prevention code" is contained in Chapter 8.24 of the Rosemead Municipal Code ("RMC"). Through RMC section 8.24.010, the City previously adopted by reference the "Fire Code" of the County of Los Angeles ("County') as the "fire prevention code" of the City. RMC section 8.24.040 presently gives "general supervision" over essentially all matters that relate to fire protection to the Los Angeles County Fire Department and the Consolidated Fire Protection District. At present, the provisions of the County Fire Code, as adopted by the City, gives the County fire chief blanket authority to promulgate rules, regulations, and decisions respecting the Fire Code as applied to the City. As it presently stands, no elected or appointed official of the City has any oversight authority over how such rules, regulations and decisions are applied to the City. Essentially, the County fire chief, who essentially serves as the contract fire chief for the City, is not accountable to any City elected or appointed official. While the work of the County Fire Department and the Fire Chief are held in high respect by the City and its residents, the issues of local control and local accountability are likewise important to the residents of the City. Recommendation: That the City Council hold the noticed public hearing, receive public comment, and introduce Ordinance No. 853. City Council Minutes: Special Meeting 5-29-07 Page 14 of 15 • 0 Mayor Pro Tern Nunez made a motion, with a second by Councilmember Low to introduce Ordinance 853 with a second reading scheduled to take place on June 12, 2007. Vote resulted: Yes: Clark, Low, Nunez, Tran No: Taylor Absent: None Abstain: None Councilmember Taylor stated for the record and asked the following be included: "Not withstanding Section 8.24.040 of this code and for any other provision of this code, the fire code of the County as adopted by the City of Rosemead, all interpretations, recommendations, rules, permits, regulations, applications and decisions, made by any official of the Consolidated Fire Department District, Fire Protection District or by any Fire Marshall, or by the Fire Chief, that are made pursuant to or with respect to the Fire Code and as applied to and within the boundaries of the city, may be subject to review, modification, amendment, waiver, and/or nullification by the City Manager." Councilmember Taylor felt this was an extreme burden on the City Manager. Mayor Tran asked his comments also be reflected in the minutes. He stated the Ordinance based on Regulation 27 was in response to the LA County Fire Chiefs letter to the City stating that new properties cannot be built within 50 feet of the trajectory line and 100 feet radius of the strip line. This affects residential homeowners and possibly makes their homes legal non-conforming properties. In the event their house is burnt or if modifications are desired, property owners would not be able to move forward. 9. ADJOURNMENT Mayor Tran adjourned the meeting at 1:00 am and announced a special meeting will take place on Wednesday, June 61h at 5:00 pm for the purpose of conducting a City Manager evaluation. The Council was also reminded a Budget Study session will take place on June 12, 2007 at 4:00 pm. The next regular meeting is scheduled to take place on June 12, 2007 at 7:00 pm. Respectfully submitted: ~ & dj"do Nina Castruita City Clerk APPROVED: City Council Minutes: Special Meeting 5-29-07 Page 15 of 15 • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD • I, Nina Castruita, City Clerk for the City of Rosemead, do hereby certify that the minutes from May 29, 2007, were duly and regularly approved and adopted by the Rosemead City Council on the 17th of July,2007, by the following vote to wit: Yes: Clark, Low, Nunez, Taylor, Tran No: None Absent: None Abstain: None ~ L lylai4- Nina Castruita City Clerk