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CC - 04-10-07w 4 • MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL April 10, 2007 The regular meeting of the Rosemead City Council was called to order by Mayor Tran at 8:00 p.m. in the Council Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead, California. The pledge to the flag was led by Councilmember Low and the invocation was delivered by Councilmember Clark. ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Low, Taylor, Mayor Pro Tern Nunez and Mayor Tran Absent: None 1. PUBLIC COMMENT FROM THE AUDIENCE Nancy Wilson, residing at 8049 E. Emerson Place, from Rosemead High School expressed concern about the safety of students left unsupervised when teachers are at meetings that take place on Thursdays from 8:00 to 9:00 am. Mayor Tran requested a call be placed to the Rosemead High School principal to address the issue. Ruby Ratterree, residing at 2739 N. Muscatel, expressed concern about noise from Casa Latina and requested staff help. Councilmember Clark requested unmarked vehicles patrol Casa Latina. Councilmember Low requested staff contact Casa Latina's owners. Deputy City Manager Chi indicated staff would follow up with both requests. Harry Lim, a business owner in Rosemead, reported immigrant tenants are afraid to do business in Rosemead due to a lack of understanding about codes, zoning, etc. Mr. Lim felt intimidation techniques emphasized negative behaviors. Recently a new Code Enforcement Officer carefully explained what needed to occur to bring his business into compliance and then sent a letter thanking Mr. Lim for his clean-up effort. Mr. Lim expressed gratitude.forthe letter. Brian Lewin, residing at 9501 E. Ralph Street, discussed municipal code issues. He requested a summation of proposed Ordinances be posted on the City's website to help residents better navigate the Ordinance review process. In addition, he also asserted newsstands such as those selling LA Express papers be banned from public areas due to their potential to serve as youth-corrupting devices. Loretta Arquidi, residing at 9721 E. Olney, discussed difficulties in getting an application for Senior Housing projects. Economic Development Administrator Cheng City Council Minutes: 4-10-07 Page 1 of 14 explained the City has temporarily suspended new applications for two weeks so the application can be revised to reflect the six months Rosemead residency requirement. She also reported the waiting list of 300 plus applicants is reviewed every year to verify continued interest. Ken Pike, residing at 9220 Steele Street, discussed freedom of the press in response to Mr. Lewin's comments about newsstands. He also requested more information be provided to the public about City expenditures summarized in Claims and Demands warrants and questioned why three-day conference trips are pre-authorized to have expenditures up to $2,500. Councilmember Taylor explained in most cases, that limit is not spent and pointed out the expenditure report is available to the public. Angie Vargas, residing at 1060 N. Eastman, lodged a complaint against the Latin America Club of Rosemead for their apparent discrimination in membership practices. The Club meets in a City recreation center, but is as an outside organization. Mayor Tran directed the City Manager to set-up a meeting between the President of the organization and Ms. Vargas. Councilmember Clark supported staff intervention. 2. PUBLIC HEARINGS A. Single-Family Residential Design Guidelines During the past several months, staff has been working with Bauer Planning and Environmental Services (BPES), to draft new single-family home design guidelines. These new regulations would alter our existing municipal code to address issues related to what is commonly called "mansionization." Staff is now holding the required public hearings before the City Council to adopt the proposed new "design guidelines" and municipal code text amendments. While working on this project, staff made a concerted effort to gather and solicit community input as it is related to the proposed regulations. A number of workshops were conducted and individuals from the design community, local developers, home owners, the Planning. Commission and even the City Council was invited with these community meetings. Also, it is important to note that the Rosemead Planning Commission was unanimous in recommending to the City Council approval of the new single-family residential design guidelines. 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. City Council Minutes: 4-10-07 Page 2 of 14 J J 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. A PowerPoint presentation was.made by Brad Johnson, Planning Services Administrator and Sandra Bower, of Bower Environmental Services to review the history that led to the new guidelines recommended that will ensure proportional design scales. After staff reviewed design guidelines from neighboring cities, they conducted workshops to gather local architects and resident input which resulted in initial guidelines submitted for Council review in October of 2006. After suggestions were incorporated and the documents were available for public review, the final proposed guidelines and municipal code changes were put together. Ms. Bower recommended a one year review to review procedures and make amendments if necessary. Mayor Pro Tern Nunez recommended further review and feedback prior to a Council vote on the item due to the number of changes recommended. Mr. Johnson displayed examples of homes that portrayed different designs to illustrate issues facing the City. One of the changes advocated by staff included changing floor area ratios from 45% to 35%, with a program allowing a ratio of 40% if certain incentives are met that increase architectural value to the home. Other major changes proposed include: • Dropping the maximum building height in the R-1 zone from 35 to 30 feet; • Larger side yard set-backs for wider lots in the community; • Discouragement of front yard fencing and reduction of new allowable fencing to a maximum height of 3 feet; • Wall articulation jogs on second floors when the length of those walls extend beyond 25 feet; and • Increasing the maximum allowable garage size from 600 to 750 square feet. Mr. Johnson shared written feedback submitted by local home designer David Ly regarding the new guidelines. Staff agreed with some of Mr. Ly's suggestions, but not all. The Public Hearing was opened at 9:25 pm. Kamen Lai, from Elite Design Development, expressed support for most of the proposed changes; he disagreed with: - • A 2,500 sq. ft. home size trigger for a CUP; • Arbitrarily changing floor area ratios from 45% to 35% in R-2 zones; • 26 foot maximum height; • 75% ratio of the 2"d floor area compared.to the 1st floor. • 40%2 nd floor set-back compared to the first floor wall; and the • Combined side set-back requirement. City Council Minutes: 4-10-07 Page 3 of 14 • 0 Bob Bruesch, residing at 7500 Wilmar Place, expressed support for the proposed guidelines but suggested increasing incentives for energy efficiency utilization; he suggested drainage into yards as opposed to storm drains. He expressed opposition to a design review board. Nancy Eng, suggested the City website be better utilized and funded to post information for public view. Regarding the design guidelines she suggested: 1) Waiting until the General Plan is updated to incorporate any other guidelines and incorporating incentives for environmental friendly improvements; 2) Similar guidelines for R-3 and R-4 zones to ensure uniformity and consistency; 3) Assistance for those that cannot afford review and approval fees for the 48 new proposed requirements. David Ortiz, residing at 8408 Mission Drive, recommended split level buildings to keep roof levels the same to give the appearance of uniformity. Brian Lewin, residing at 9501 Ralph Street, supported energy efficiency incentives and reducing fence sizes; he spoke against raising the CUP trigger to 3,000 sq. ft. He also felt parking spaces and yard greenery also be considered as additional requirements. Mr. Lewin commented that he was unable to access the full Municipal Code on the website. He advocated waiting to update design guidelines until the General Plan is updated. Finally, Mr. Lewin advocated City website promotion and utilization to post reports. An unidentified audience member discussed a house on Temple City Blvd. that has an all concrete front yard used for parking vehicles. City Manager Lazzaretto indicated Code Enforcement would follow-up if the approximate address is given to staff. Developer Harry Lim suggested a basement for extra living space be offered to developers as an option that would not count toward the floor area ratio requirements. In addition, he suggested using the average set-back on a block as a guideline, rather than only one pre-set figure for the entire City. The Public Hearing closed at 10:10 pm. Councilmember Clark asked Mr. Johnson if the basement option would be a possibility and inquired about the General Plan timeline. Mr. Johnson indicted that the R-1 and R-2 zone codes do not address basements nor has it ever been requested in one of those zones before. He was open to including the idea as a design incentive. Mr. Johnson reported the General Plan will be updated in the summer. Councilmember Clark felt it might be wise to postpone the new design guidelines. City Council Minutes: 4-10-07 Page 4 of 14 Mr. Johnson explained the two are independent products; the General Plan is more generic in nature and is not as detailed. He reported design issues come up every day in his department, which is why the proposed guidelines were put before the Council. Councilmember Clark felt the trigger point for a CUP should not be raised to a 3,000 sq. ft. home, as open green space is one of her priorities and even larger homes may result if the limit is raised. She inquired why Planning Commission minutes that reflected their decision to not increase the limit was not included as part of the City Council agenda. Deputy City Manager Chi replied the decision was made to not include the minutes because of the large amount of material provided to the Council to read. He agreed in the future at least a note would be included of relevant Planning Commission discussion. Councilmember Clark stated she was in favor of postponing a vote on the changes and clarified she was not in support of the automatically lowering fence height to 3 feet if not practical or safe for children. She also questioned why vehicles can not be parked in any area except in garage or in driveway. This would make it illegal to park a motor home, trailer of boat in a back yard. Councilmember Clark recommended the City concentrate on issues such as graffiti and code enforcement rather than prohibiting vehicle visibility from the street. She recommended postponement to get more input. Councilmember Taylor stated he was reluctant to approve the guidelines until the General Plan is updated as zone changes may take place and supported postponing the item. Councilmember Low agreed with Councilmember Clark and Taylor to postpone the vote to review comments. Mayor Pro Tern Nunez also supported postponement. He inquired if the March 19 minutes had been approved by the Planning Commission and was told by staff they were. He made a motion to table the Single Family Residential Guidelines. Planning Services Administrator Johnson clarified if the item is tabled to a future date, proper noticing requirements would have to be started all over again. He suggested continuing the item to next meeting. Councilmember Taylor didn't think the General Plan would be updated by the next meeting. Mr. Johnson explained that none of the anticipated changes to General Plan would involve changing R-1 and R-2 zones. Councilmember Taylor asked for a plot plan for all 5 mixed use projects and a copy of the current zone allocations. Review of these materials could eliminate his objections. In addition, he questioned the prohibition of reflective mirror coating on windows as this City Council Minutes: 4-10-07 Page 5 of 14 • 0 reduces heat by 15 to 20%. Mr. Johnson conceded changes could be made to specify tinting percentages. Mayor Pro Tern Nunez amended his motion, with a second by Councilmember Clark to continue the item until the next meeting. Councilmember Clark suggested the Council, reach a consensus on the 2,500 or 3,000 sq. ft. trigger. Councilmember Taylor agreed the vote on the item should be delayed, but also suggested the council give staff input. Planning Services Administrator Johnson requested direction on the following: • Parking vehicles in yards; • Fences; and • The square footage trigger point for a CUP. Councilmember Taylor and Mayor Pro Tern Nunez asked for clarifications on side yard set-backs and basement effects on water systems. Staff discussed the feasibility of bringing the item back in two weeks; ultimately staff requested the item be brought back at the May 8, 2007 City Council meeting. Mayor Pro Tern Nunez made a motion, with a second by Councilmember Clark to continue the Single-Family Residential Design Guidelines Public Hearing to the May 8, 2007 City Council meeting. Vote resulted: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None City Manager Lazzaretto reported revised mixed use design guidelines will be submitted to the Council in the coming months. 3. CONSENT CALENDAR B. Minutes March 27, 2007 - Special Meeting D. Approval of Undertaking Agreement for Parcel Map 60212 3213-3215 Burton Avenue In accordance with the Conditions of Approval for Tentative Parcel Map No. 60212 approved by the Rosemead Planning Commission on City Council Minutes: 4-10-07 Page 6 of 14 T 0 i November 1, 2004, and extended on November 6, 2006, the subdivider is required to construct new driveways, sewer laterals, and a parkway drain prior to recordation of the final map. The undertaking agreement guarantees completion of the driveways, sewer laterals and parkway drain. Recommendation: That the City Council approve the undertaking agreement for the completion of public improvements. E. Approval of Undertaking Agreement for Parcel Map 65099 3220-3226 Delta Avenue In accordance with the Conditions of Approval for Tentative Parcel Map No. 65099 approved by the Rosemead Planning Commission on September 18, 2006, the subdivider is required to construct a new sewer lateral and install survey monuments prior to recordation of the final map. The undertaking agreement guarantees completion of the sewer lateral and survey monuments. Recommendation: That the City Council approve the undertaking agreement for the completion of public improvements. F. Approval of Undertaking Agreement for Parcel Map 64596 7519 Garvalia Avenue In accordance with the Conditions of Approval for Tentative Parcel Map No. 64596 approved by the Rosemead Planning Commission on August 21, 2006, the subdivider is required to construct new driveways and a sewer lateral, and install survey monuments prior to recordation of the final map. The undertaking agreement guarantees completion of the driveways, sewer lateral and survey monuments. Recommendation: That the City Council approve the undertaking agreement for the completion of public improvements. G. League of California Cities - 2007 Legislative Action Days May 16-17, 2007, Sacramento ' Conference sessions at the League of California Cities 2007 Legislative Action Days will include: Updates and Action Steps on Infrastructure Bond Implementation, Current Budget Issues and Strategies, Pending Legislation/Issues of Critical Importance and Keynote Speakers from the Administration and Legislature. City Council Minutes: 4-10-07 Page 7 of 14 • 0 Recommendation: That the City Council authorize the attendance at City expense, including, if any, expenses in excess of $2,500, of any Councilmember, City Attorney, City Manager and staff designee. H. California Contract Cities Association - 48th Annual Municipal Seminar May 17-20, 2007, Indian Wells The 48th Annual California Contract Cities Association Seminar will include sessions on: Opportunities for Affordable Housing in Your Community, Public Works Liability, Alternative Fuel Vehicles in Your City, Infrastructure/Transportation Bond, Telecommunications, Eminent Domain, Emerging Opportunities in Graffiti Abatement, AB 1234 Compliance and a View from Sacramento Recommendation: That the City Council authorize the attendance at City expense, including, if any, expenses in excess of $2,500, of any Councilmember, City Attorney, City Manager and staff designee. AB 1234 Meeting Reports The City Clerk has received a written report filed by Mayor Pro Tern Nunez, Councilmember Clark, Councilmember Tran, Andrew Lazzaretto, Oliver Chi, Brian Saeki, Eileen Cheng, Brad Johnson, and Kay Bhate. Recommendation: That the City Council receive and file said report. J. Amendment to SGVCOG Joint Powers Agreement In January, the Board of Supervisors for the County of Los Angeles unanimously passed a resolution to join the San Gabriel Valley Council of Governments (COG). Over the next several months, County and COG staff have been working to revise the Joint Exercise Powers Agreement and Bylaws in order to enable to County to officially become a member of COG. At the February 15th COG meeting, the Governing Board approved the Third Amended and Restated Joint Exercise of Powers Agreement (Amendment) which would formally allow the County to become a member of the COG. In order for that Amendment to be adopted, each COG member must first approve the updated agreement. Recommendation: That the City Council approve Resolution 2007-12, adopting the Third Amended and Restated Joint Exercise of Powers Agreement for the COG. City Council Minutes: 4-10-07 Page 8 of 14 • • Mayor Pro Tern Nunez made a motion to approve Consent Calendar items B, D, E, F, G, H, I and J, with a second by Councilmember Clark. Vote resulted: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None A. Resolution No. 2007-11 Claims and Demands Recommendation: Adopt Resolution No. 2007-11, for payment of City expenditures in the amount of $884,709.19 demands 56649 through 56832. Resident Ken Pike inquired about Washington conference meeting expenditures for Mayor Tran ($325), Mayor Pro Tern Nunez ($250) and Councilmember Clark ($112). Mr. Pike commented the expenses seem reasonable but questioned why expenses are not capped at a certain amount. Councilmember Clark asked about confusing phrasing of conference expenses on agenda staff reports. City Manager Lazzaretto deferred to the City Attorney but felt conference requests are worded to comply with AB1234. Deputy City Manager Chi indicated the phrasing is consistent with previous staff reports submitted. City Attorney Garcia confirmed the current wording does not include a cap and suggested "not to exceed $2,500" be added. Deputy City Manager Chi indicated staff would review the wording to correct it. Councilmember Low made a motion, with a second by Mayor Pro Tern Nunez to approve Resolution No. 2007-11 Claims and Demands. Vote resulted: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None City Council Minutes: 4-10-07 Page 9 of 14 • • C. Acceptance of Work for Traffic Signal Installation/Modifications, Traffic Signal Controller Upgrades and Pedestrian Push Button Replacement The referenced project has been constructed in conformance with the approved plans and specifications. Recommendation: That the City Council accept the referenced project; authorize recordation of the Notice of Completion by the City Clerk; and authorize release of the 10 percent retention payment 35 days after the recorded date of the Notice of Completion. Resident Jim Flournoy reported a faulty traffic signal buzzer at the corner of Walnut Grove and Landis View. Councilmember Clark made a motion with a second by Mayor Pro Tern Nunez to approve Item C as listed above. Vote resulted: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None K. City Legislative Platform & Correspondence Procedures During the course of any given year, a number of important issues arise which may require the City to quickly respond to proposed legislative action. In an effort to streamline the process of determining whether to support or oppose particular measures, staff is recommending that the City Council adopt an administrative policy outlining a broad legislative platform which mirrors the policies and guiding principles of the League of California Cities (League). This policy would allow the City Manager or his designee to take action on proposed legislation as recommended by the League. Recommendation: That the City Council adopt Administrative Policy 20- 03 which would establish a procedure for reviewing and responding to proposed legislative actions. Councilmembers Taylor and Clark felt the Council should always be informed and consulted prior to representing the City on legislative issues. Mayor Pro Tern Nunez supported the Policy as a quick turnaround is sometimes needed to effectively influence legislation and reminded the Council the City Manager would have a platform framework to work with. City Council Minutes: 4-10-07 Page 10 of 14 • Councilmember Low suggested the City Manager might be able to confer with the Mayor. City Attorney Garcia indicated the Mayor can be consulted but would not be able to discuss the issue with other Councilmembers. Mr. Garcia suggested an emergency meeting could be called as an alternative if a speedy response is required. Mayor Tran suggested the newsletter might be a forum of communication if the agenda has already been set and a response is needed prior to the next agenda. Councilmember Clark made a motion, with a second by Councilmember Taylor to NOT adopt Administrative Policy 20-03. Vote resulted: Yes: Clark, Low, Taylor, Tran No: Nunez Abstain: None Absent: None 4. MATTERS FROM MAYOR & CITY COUNCIL A. Mayor's Committee Appointments for 2007-2008 Two appointments were identified by Councilmember Clark as needing urgent decisions. Councilmember Clark requested to serve as an alternate for the Sanitation District and the delegate to the Council of Governments to maintain affiliated memberships. Councilmember Taylor made a motion, with a second by Councilmember Clark to appoint Mayor Tran as the delegate for the Los Angeles Sanitation District with Councilmember Clark as the alternate and Councilmember Clark as the delegate to the Council of Governments, with Mayor Pro Tern Nunez as the alternate. Mayor Tran asked if the Council had to vote on the issue as they are listed as "Mayor's Appointments". Councilmember Clark clarified the Council has always voted as a body to confirm Appointments. Councilmember Taylor expressed support for Councilmember Clark's appointments. Councilmember Low requested the Council vote on each appointment separately. City Council Minutes: 4-10-07 Page 11 of 14 0 Councilmember Taylor amended his motion, with a second by Councilmember Clark to appoint Mayor Tran as the delegate and Councilmember Clark as the alternate to the LA County Sanitation District. Vote resulted: Yes: Clark, Low, Taylor No: Nunez, Tran Absent: None Abstain: None Councilmember Taylor made a motion, with a second by Councilmember Clark to appoint Councilmember Clark as the delegate and Mayor Pro Tern Nunez as the alternate to the San Gabriel Council of Governments. Vote resulted: Yes: Clark, Taylor No: Low, Nunez, Tran Absent: None Abstain: None Mayor Pro Tern Nunez made a motion, with a second by Councilmember Low to appoint Mayor Tran as the delegate to the San Gabriel Council of Governments and Mayor Pro Tern Nunez as the alternate. Vote resulted: Yes: Low, Nunez, Tran No: Clark, Taylor Absent: None Abstain: None Councilmember Clark requested the following item be placed on the Agenda: B. Request to be made to the California Department of Transportation/Los Angeles County Public Works to review the Seismic issues regarding the Garvey Bridge. Resident Jim Flournoy asserted a fault shown on the General Plan map runs near the bridge that is not on the geotechnical specs and requested Council get a second opinion before too much work is done to resolve inconsistencies with a nearby project. Public Works Director Rukavina indicated he has seen the referenced fault on the General Plan Map but indicated the geotechnical specs were drawn utilizing Caltrans protocol with faults present in the Caltrans database. Councilmember Taylor suggested LA County Public Works department review the plans for accuracy. City Manager Lazzaretto indicated County Public Works recommended a list of pre- approved consultants that are qualified to conduct the review. City Council Minutes: 4-10-07 Page 12 of 14 • Councilmember Taylor made a motion, with a second by Councilmember Clark to hire a private firm to conduct the review and then have Caltrans evaluate the results. Vote resulted: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None Mayor Pro Tern Nunez discussed a potential conflict of interest because Wildan companies are associated with design, geo techs and project management of the bridge. Mayor Tran requested the City Attorney investigate. Councilmember Clark expressed concern about proposed employee benefit changes and suggested a tiered structure. She questioned the legality of the unilateral proposed changes as some employees either came to work for the City or stayed because of benefits. Mayor Tran reminded everyone that the council has not yet voted on this, and felt to presume action will be taken is unfair. Councilmember Low felt the number one priority should be to take care of the residents. She pointed out staff is still working out the numbers and mentioned that in the private sector employees have contribute to health care costs. City Manager Lazzaretto reported management has been meeting with staff for months to help them understand why changes are necessary and what is on the horizon for the City. Once numbers are worked out the issue will be brought before Council. City Manager Lazzaretto introduced Lisa Pedote, the new Chief Financial Officer. Prior to entering Closed Session, Mayor Tran reminded Councilmembers that items discussed in Closed Session are to remain confidential and announced Councilmembers may be prosecuted if information is leaked out. 5. MATTERS FROM CITY MANAGER & STAFF A. Closed Session: The City Council will recess to a Closed Session pursuant to: 1) Government Code 54956.9(c): Conference with Legal Counsel - Anticipated Litigation City Council Minutes: 4-10-07 Page 13 of 14 9 F- L J The Council recessed to Closed Session at 11:40 pm. No reportable action resulted from the Closed Session. 6. ADJOURNMENT The next Regular City Council Meeting is scheduled for April 24, 2007 at 8:00 pm. Respectfully submitted: City Clerk APPROVED: 44~- L, Mr R City Council Minutes: 4-10-07 Page 14 of 14 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) I, Nina Castruita, City Clerk of the City of Rosemead City Council, do hereby certify that the minutes from April 10, 2007 were duly and regularly approved and adopted by the Rosemead City Council on the 12th of June, 2007, by the following vote to wit: Yes: Clark, Low, Nunez, Taylor, Tran No: None Absent: None Abstain: None - . ~ bu Nina astruita City Clerk