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CC - Approval of Minutes 11-26-96 NOT OFF/C/AL UNTIL ADOPTED D B Y THE ROSEMEAD MINUTES OF THE REGULAR MEETING CITY C®UNCIL ROSEMEAD CITY COUNCIL NOVEMBER 26, 1996 The regular meeting of the Rosemead City Council was called to order by Mayor Clark at 8:03 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 Taylor The Invocation was delivered by Pastor Charlie Comm of the Olive Branch Outreach ROLL CALL OF OFFICERS: Present: Councilmembers Bruesch, Taylor, Vasquez, Mayor Pro Tern Imperial, and Mayor Clark Absent: None APPROVAL OF MINUTES: OCTOBER 22, 1996 -REGULAR MEETING MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER TAYLOR that the Minutes of the Regular Meeting of October 22, 1996, be approved as submitted. Vote resulted: Yes: Vasquez, Taylor, Clark, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. APPROVAL OF MINUTES -NOVEMBER 19, 1996 -ADJOURNED REGULAR MEETING MOTION BY COUNCILMEMBER IMPERIAL, SECOND BY COUNCILMEMBER BRUESCH that the Minutes of the Regular Meeting of November 19, 1996, be approved as submitted. Vote resulted: Yes: Vasquez, Taylor, Clark, Bruesch, Imperial No: None Absent: None Abstain: None PRESENTATIONS: -None 1. ORAL COMMUNICATIONS FROM THE AUDIENCE John Rauth, 4528 Bartlett, Rosemead, asked what effect Proposition 218 would have on the City. Mr. Rauth stated that 52% of his tax bill is assigned to voted indebtedness and direct assessments. Mr. Rauth continued that the L.A. City Council is threatening reduction of services because of passage of this proposition and hopes the City of Rosemead will not lose any services. Frank Tripepi, City Manager, stated that not one of those assessments was levied by this Council. CC 11-26-96 Page#1 Mayor Clark stated that she is proud of Rosemead's record as we have not imposed any utility taxes or library assessment district and would not without voter approval. The City fought the formation of a landscaping and lighting district with Alhambra, and opposed the L.A. Community College District assessment district. Pastor Charlie Corum, Olive Branch Outreach, thanked the Council for the use of the Rosemead Community Center for their Thanksgiving Luncheon and extended an invitation to the Council to attend. Juan Nunez, 2702 Del Mar, Rosemead, asked who has jurisdiction over the bridge on Garvey Avenue as people are camping there and trash is strewn all over. Mr. Tripepi responded that the County Sanitation and Flood Control handles this and staff will contact them regarding this problem. H. PUBLIC HEARINGS An explanation of the procedures for the conduct of the public hearings was presented by the City Attorney. The City Clerk then administered the oath to all those persons wishing to address the Council on any public hearing item. A. A PUBLIC HEARING TO CONSIDER THE ADOPTION OF RESOLUTION NO. 96-58 ESTABLISHING CERTAIN LEGAL FEES FOR SERVICES PROVIDED BY THE CITY FOR REMOVING ILLEGAL SIGNS Mr. Tripepi presented the staff report. The Mayor opened the Public Hearing for those wishing to speak on this item. Robert Angles, 9147 Valley Boulevard, Rosemead, stated that he is in favor of this Ordinance and Resolution. Juan Nunez, 2702 Del Mar, Rosemead, stated that he is in favor of this item also. There being no one else wishing to speak, the Public Hearing was closed. MOTION BY COUNCILMEMBER BRUESCH, SECOND BY MAYOR PRO TEM IMPERIAL that the Council adopt Resolution No. 96-58. Vote resulted: Yes: Vasquez, Taylor, Clark, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. B. A PUBLIC HEARING TO CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION REGARDING A PROPOSED HOME CONTAINING OVER 2500 SQUARE FEET IN AREA AT 3306 BARTLETT AVENUE. THE REQUEST WAS NOT APPROVED BY THE COMMISSION ON A 2-2-1 VOTE. RECOMMENDATION: APPROVE WITH CONDITIONS (Continued from 11/12/96 meeting) CC 11-26-96 Page#2 Mr. Tripepi presented the staff report. The Mayor opened the Public Hearing and recognized the applicant or their representative. VERBATIM DIALOGUE FOLLOWS: EDMOND CHENG: Good evening, my name is Edmond Cheng, C-H-E-N-G. My address is 1108 Garfield, Alhambra. I'm the architect of the project. I want to thank Council for giving me a chance to talk to my client and review the project. I don't know whether it will be approved or not tonight, but anyway, we show that it's a good faith. We've reduced the size of the building substantially. We also provided a pretty good size play area, landscaping area for the kids to play. It's larger than some of the homes in new development, cul-de-sac development. A couple of things we didn't make very clear was the old plan I submitted last time did not show the setback for the old house in the back because at that time when we draw the plans we thought we were building the house in the front only. Whenever it was built, way back, probably had got approval from the City Hall anyway. So, we did not show the setback of the old house. And, after the issue was brought up, we went back to measure it. As you can see on the second page of the report, the setback was 19' for the garage and 23' for the livable area for the rear house. So, actually, they have a pretty good size backyard for the kids to play. This allowed us to subdivide the project so all the kids can run around within the lot. There is no such thing as this lot belongs to who. Another issue is the property to the north, fortunately we have a driveway separating us from the house. And, I even checked out what is in the house to the north. It's a living room and a kitchen. They don't even have bedrooms along the area. So, I don't think there should be a problem as far as privacy goes. On the south side we are lucky enough to have the same situation, there is a driveway. In other words our property is surrounded by two driveways on both sides of the neighbors. And, they also have a...the south side neighbor also has a living room and a kitchen closest to us. The south side never a problem anyway, because when we built, we have our driveway on the south of our property. We show we that we have done the best that we can and I'll be more than happy to answer any questions. I'll do the best I can to come up with a good project. This is a beautiful project- help me to make it possible. MAYOR CLARK: If you recall, I made the request that the house by flipped because the driveway with your plans and as you brought them back, the driveway S's right through the middle so you don't have a contiguous play area. You've just said that the two houses are one ownership so the kids can play all over the place, but you have a driveway right though it. And, as a mother, I'm concerned about that, the safety of the children. CHENG: Sure. I brought the issue to my client. He said because of the existing driveway is already there and there is another power post on that side, they don't want to be so close to the power pole. CLARK: Where is the power pole? CHENG: The power pole is on the driveway side. COUNCILMEMBER BRUESCH: One...is there one? CHENG: One power post. So, they want to keep the house away from the power post. CLARK: Where? CHENG: It's not on the drawing, but it's there. CLARK: Are there any other questions for Mr. Cheng? Is there anyone else that want to speak in favor of the project? Is there anyone that wants to speak in opposition of the project? Seeing none, I close the Public Hearing. CC 11-26-96 Page#3 COUNCILMEMBER TAYLOR: Madam Mayor. I think that the architect the owner, they have modified their plan because of some of the questions that the Council had asked. I think they've made good faith effort. I'm surprised that they would take so much off of it, to tell you the truth. The bedroom, the garage, the balcony on the back-I think they've made a good faith effort. I would be in favor of the project. BRUESCH: Madam Mayor. My questions about the closeness of the neighbor have been answered with this diagram. It looks to me like for the most part the building north is 24' from this building, and the building to the south is about 30', 32, 33'. I know that the architect also said that along the fence line there would be some foliage and trees like that: I'm appreciative that my questions have been answered also. CLARK: I would just like to make a comment. I am still disturbed with the project for the reason that one of the garages has been taken away and you still have a four bedroom house and...I can't do that to a neighborhood -to have the impact on the parking situation and one less parking garage... TAYLOR: Madam Mayor, would you be in favor of putting it back-to the third stall? BRUESCH: It would take about 200 square feet of play area. CLARK: My other concern is you still have a four bedroom house and you have what's called a "good faith" effort, we trusting that there will not be an overload of people in the house. However, I'm very disturbed by the fact that this rear house was on our agenda. I wasn't aware of this until I got my agenda last week. The rear house on this property was on rehabilitation because there was a lack of upkeep of property, it was in lack of paint and it also had trash and debris throughout the property. The property owner has not once, my understanding, is that this has been going on for almost a year...the property owner has not once been to any of these hearings. I don't have any reason to believe that there will be a good faith effort if there was not on the maintenance of the property that's there. I have no reason to believe that there will be a good faith effort on the part of the property owner once a new house is in...that there won't be violations of the parking and of the amount of people that will be in. Because this is a request, it is not required, 2500 square feet is what our ordinance allows without a CUP, because this is a request by the owner to have a larger house than is allowed, I can't vote for this project. BRUESCH: Madam Mayor. Point of information, maybe the architect can tell me. Is the owner occupying the back house now or is that a rental? CHENG: First of all, the owner is working in Fresno - central California. The rest of the family, it is the family who lives there...do not speak English, do not read English. That's why all the mail, that's why I didn't have a chance to come to the Planning Commission meeting. I didn't even know there was a meeting. Because they received the mail, they waited for the father to come back- maybe once or twice a month. By the time he comes back, he calls me and says "Hey, Mr. Cheng, something happened." They are living there, it is not a rental. TAYLOR: Madam Mayor. Mr. Cheng, what control do you have over the back house, if any? CHENG: If you want me to have some control, I will have some control. TAYLOR: No, the point I'm...this is almost...it's ridiculous in one sense to put a house of this character on that lot and leave the rehab building on the back in. As far as, what do you know about what's being done with that back house? CHENG: Well, let me say this, I want to thank Peter Lyons for letting me know there is a rehab problem in the back. In fact, nobody told me there was such a thing. TAYOR: Well, why would they tell you. CC 11-26-96 Page#4 CHENG: They didn't tell me. TAYLOR: No, why would they though because the notices all go to the owner, they don't know who the architect is. CHENG: That's right, and I look like a dummy when I come here and you gentlemen already know there's all kind of problem with that property and I here saying that is going to be a beautiful project in the front. TAYLOR: Well, that's what I'm puzzled about, to build such a house... CHENG: That's why I want to thank Peter Lyons. This afternoon when I picked up the report he said, "Hey, you should be there 7 o'clock instead of 8 and find out what's going on." And, I called them, in fact, at the noon time when I talked to Cathy Johnson, she still told me there still some outstanding correction to be done and I was nosey enough to ask, I asked, "Hey give me a copy of that, I want to know what's wrong with that property." Then, when I came back to my office, I called him up. They said all the corrections are taken care of, and that's what I was told. TAYLOR: Who told you that? CHENG: Jim told me, Jim Gerret, Jim Gala... TAYLOR: Oh. Jim Guerra? He said that they're all taken care of? TRIPEPI: Mr. Taylor. At this meeting tonight it was announced that the property was all clear. CHENG: You know what those three items are? Number one, it has a lot to do with their old broken shed in the front. That was there when they bought the property. They were thinking that they would tear it down when they build a new house. That's why they have that problem. TAYLOR: Have the permits been taken to tear it down? CHENG: No. They can't pull a permit to tear it down without knowing that they are going to build something in the front. All these problems, Madam Mayor, is related to the old junk that was left there. CLARK: But, you see what I don't understand is you say you don't even know that it was on rehab. You could see the junk there, it doesn't take rocket scientist to see that there's a problem. It's a blight for the other people on the block. If the people that are living there don't even care enough to clean up their property now, how do we know they are going to abide by the rules later. We have a list two pages long on conditions on that. How do you know they are going to abide by the conditions if they don't even care enough to pick up the trash and get rid of things. That doesn't take any money, that takes some elbow grease on the part of the people. We all keep our own properties up and that doesn't take money. TAYLOR: Madam Mayor. Who's living in the house now? CHENG: The wife and the children. TAYLOR: How long have they lived there? CHENG: About one year. They have been waiting for this thing for a while. TAYLOR: That's a good chance to get it all cleaned up, but still it's a valid question. CHENG: They did. They did today, at the very last moment. BRUESCH: Madam Mayor. I asked the question with regard to two weeks ago and he didn't CC 11-26-96 Page#5 • have an answer for me. Maybe you do now. What are their plans for that house after the new house has been built. Are they going to rent it? You said something about other family members or something. CHENG: They probably will rent it, I don't know. The answer is I don't know. Because it's a duplex. It will be two houses on a lot, they can rent it... CLARK: Two weeks ago you told us he had four children and he was going to live in it himself CHENG: He has a big family, that's all I know. CLARK: Then why would they rent it? CHENG: At this moment I would say I don't know. I really don't know. I don't know them that well. In fact, a client recommended them to me. And, I try to do a good job for him... CLARK: I'm not attacking you and I understand you're in a funny position, but it bothers me that there hasn't been good faith effort on the property that's there already. CHENG: I understand 100%what your concerns are. In fact, I have been to so many different meetings on all cities and I don't blame you a bit for asking me all kind of difficult questions. But, I will tell you this, we all go by the rule, and in fact, you should appreciate couple of things. First of all, you should appreciate I'm here to go in between you and him-to come up with a beautiful project for the City of Rosemead. Now let's say if this project is shot down, two things could happen-he just leave it the way it is because he lose the interest to build any more, he just put it there on the market to sell it, is one thing that could happen. Or,just hire somebody less expensive because he doesn't need to go through the hassle - he just build something per code. He doesn't even have to build it so pretty. He build it so pretty just to please City Hall to make sure has a beautiful house. Now, if builds something real...I tell you really...because he's paying me money to come up here to talk, to do some selling. BRUESCH: Excuse me. Mr. Cheng, about four or five times you've told us that the owner has paid you good money to come into City Hall, yet the owner hasn't been telling you about all the facts about the piece of property. I don't care whether it's out of not knowing about the facts or not understanding the facts. Why doesn't the owner himself come with you and meet the staff? CHENG: I called him twice today. He said, "I'm not going. Number 1, I don't speak English. Number 2, I have nothing to do over there." BRUESCH: But he does, he definitely does. CHENG: He does. I told him... BRUESCH: You've heard questions right here. Madam Mayor, may I ask this to be deferred until the owner and the architect comes and directly face-to-face, meets with staff I'm in favor of the project, but I'm not in favor of the owner not giving it face-to-face what the reservations of this Council are. And, you've heard them, OK. He needs to hear them directly from staff before we can make a decision on this. CHENG: I think this is a very good suggestion. In fact, I tried so hard to get him over here. BRUESCH: I would make the motion at this time to defer this until the architect and owner come in and meet face-to-face with staff and staff can relate the reservations that this Council has about the shape of the property and so forth. MAYOR PRO TEM IMPERIAL: Madam Mayor. Mr. Cheng, I can agree with one thing that Mr. Taylor said. It's a beautiful piece of property and you're going to do a beautiful house and he thinks it would help the area. I have feelings just the opposite of that. My feelings are, I came up CC 11-26-96 Page#6 in an area that was deprived. I know probably how I would feel if I had to walk to the end of the street and see something beautiful there and know what I was living in. Those were my feelings. You try to meet the requirements that the City gave you, and I can appreciate that. So, even though I don't 100% agree with putting that house on that corner and knowing how the people might feel, I think you've tried to help us. But, I will ask for a letter of conveyance to go with this, if the Council agrees to it, saying that absolutely will they restrict any of their parking for people on their lot from parking in that street. They all have to have on-site parking. I've seen this kind of thing again time and time again. The neighborhood suffers. And I also want the comment in there that you did agree to be the intermediary between the City and those people and you would keep that street clear of all parking, ok. TAYLOR: Madam Mayor. I think...I agree with what Mr. Imperial is saying as far as if he wants the letter from the owner. But, here is a private professional person who has no equity in the project when it's completed. I don't understand the correlation. That's like Mr. Imperial giving me the authority over the parking of cars in his property. It's out of place to have an architect responsible for future...the letter is very appropriate going to the owner. We can go right down there and say, "look at owner, you're violating this." But, I just can't go along with that, Jay. I go along with your letter, but not to a non-equity party. IMPERIAL: Madam Mayor. In answer to Mr. Taylor's question. It wasn't I that said you would be the intermediary. You said that. Am I correct? You have volunteered your services. TAYLOR: No. In dealing,with the construction of the building... IMPERIAL: I've been talking about the parking also, Mr. Taylor. TAYLOR: Not in perpetuity. IMPERIAL: And, a person that is not involved, he's going to get his fee and he's going to run to the bank with it, ok. TAYLOR: Correct. IMPERIAL: I respect the man, I like him, but I want to say it like it is. He's going to get his fee and run to the bank with it, and the City is going to have the problems after that. Now, would this be an impossible thing for you to do? CLARK: Well, I don't think it's legal. I think we need to talk to our Attorney. I don't think you can discriminate against one person parking on the street and others not. BRUESCH: Madam Mayor. There's a motion on the floor... TAYLOR: Let's hear from the Attorney. There's no second to any motion. CLARK: We're going to have our Attorney speak. ROBERT KRESS, CITY ATTORNEY: I hear a number of issues and concerns. As the Council is aware, if you choose to approve this with the proposed Conditions of Approval, the owner/applicant is required to sign an Affidavit of Acceptance. In this particular circumstance, the Council may wish to require the applicant to appear in person and to direct the Director of Planning and Mr. Cheng to go through each and every one of these conditions prior to the applicant signing the Affidavit of Acceptance. I think that proposal is a way of dealing with this, making sure that the owner understands each of these stated conditions and agrees to it. That would take care of the one-on-one concern the Council has. As to the parking on the street issue, it's my opinion that unless you're going to go to some sort of restricted neighborhood permit parking, you can't really deal with parking on a public street on a case-by-case basis. There is no way to, with the architect's intervention or without, to enter in to a covenant that would potentially bind all future occupants and visitors to that property. It's just not enforceable. Those CC 11-26-96 Page#7 would be my comments as to the Council's discussion so far. TAYLOR: Madam Mayor. It seems like we're down to one of the...the main stipulation is that the owner has to come here and sign verification that he is agreeable to all these conditions. I think that's what Mr. Bruesch is asking, that he has to come in and before it's approved, he has to sign those conditions. CHENG: I think I can have him come up here. BRUESCH: Madam Mayor. Also, it would give us a chance...instead of having this gentleman run back and forth four or five times each week to tell him what is going on in City Hall, it would benefit for him to know that we have questions about the parking, questions about the junk in the property, about the care of the property, the future care of the property. All those issues that arose tonight. He needs to know this, not from you, but from staff people. TAYLOR: Madam Mayor. I would like to make the motion that we approve the appeal on the condition that the owner come in and sign these conditions before the final approval of this. COUNCILMEMBER VASQUEZ: I second that motion. CHENG: It's fair. Very good. CLARK: Is there any more discussion? IMPERIAL: Is there a second on that motion? CLARK: Yes, Mr. Vasquez. KRESS: The motion is to approve the revised project as submitted this evening subject to the Conditions of Approval listed in "Exhibit A." CLARK: I'll just make this comment that I will not vote for this because even if the owner sees it, I think we're going to have a parking problem, we may have an overload on their oversized house. There was not compliance with the request concerning the driveway and the play area and one garage was deleted from the plans. We have a motion and a second, please vote. Vote taken from voting slip: Yes: Vasquez, Taylor No: Clark, Bruesch, Imperial Absent: None Abstain: None TAYLOR: Madam Mayor. I would like the Minutes verbatim of this meeting. BRUESCH: Madam Mayor. I would like to make a substitute motion that the meeting be held before we meet for our next meeting and then bring this back to us after the owner's made the agreement to the lists. TAYLOR: I'll second the motion. Same thing Mr. Cheng. You understand what he's doing? They want you to bring in the owner first, he signs it, it comes back at the next meeting, which is December 10th, unless...are we going to have three Council members here December 10th? There will be three here, but it's another two week delay. But, he's just reversing the procedure. CHENG: Ok. So, he signs it before approval. IMPERIAL: Here are the terms, ok. CC 11-26-96 Page#8 BRUESCH: Also, he needs to know the different things that you've heard tonight, and the reservations that the people on the Council have. CHENG: I understand. CLARK: I'd like to point out though, that if the project is approved as such, then it doesn't address some of the concerns. If you bring it back in that way and it doesn't pass, then he's lost his ability to appeal. Whereas if there are other modifications we want to make to the project it would be better to continue it to a time in which there still can be modifications. Do you understand that? CHENG: Not quite. TAYLOR: I would like a clarification of that. CLARK: You have an appeal before us and you paid a fee - he paid a fee. If it's brought back and then denied, then you're finished. If it's brought back so that he can remodify, then it continues and you haven't lost your fee. So that's the risk you take by this. TAYLOR: Madam Mayor. What are the conditions do they want modified tonight? CHENG: To tell you the truth, they didn't even have a chance to see this. TAYLOR: No, no, no. There were new modifications discussed tonight. What do you understand them to be. CLARK: Who didn't have a chance to see this. TAYLOR: Excuse me, I had a question to Mr. Cheng. Do you understand what the modifications are that want to be done tonight? I don't understand them. KRESS: I think the Mayor is talking about issues that she raised at the last meeting that she doesn't feel were addressed in the revised plans. TAYLOR: Each one of us is not going to get everything...that flip-flop of that house. CLARK: That's true. I understand that. I'm just pointing out that if it doesn't pass, he doesn't get a chance to bring it back. If you three want to pass it on the 10th when I'm not here, then that's fine, but if you don't, he's out of luck unless you continue it and redo it. CHENG: May I suggest something? Some projects, or similar projects in other cities, usually they approve the project with conditions. Because all you need, actually, from him is a signed covenant of some kind of letter and you can actually authorize the Planning Department to meet with him instead of having him come down here at night time. BRUESCH: That's what the motion states. They meet with staff at a given time during the day. CHENG: Right. If you approve it, and then have him sign it, I.think that will make things a lot easier. So, when I go talk to him, I can say, "look, they basically approve your project, however, they want you to go meet with them. They want to make sure you understand this is one of the conditions." CLARK: What are one of the...Mr. Taylor asked you conditions do you understand that we're asking for. CHENG: What condition I don't understand? CC 11-26-96 Page#9 CLARK: Earlier you said that they didn't even have a chance to see this. What were you referring to? CHENG: I was talking about some of their Condition Approval here, 1, 2, 16, 26. There are 30 Conditions of Approval. CLARK: Right, and... CHENG: But, I think that he has no problem with those because some of them are the violations of some things that are already corrected. CLARK: But you said he hasn't had a chance to see them. CHENG: They didn't have a chance to see them. But, they have to agree with that. They have no choice. So at this point, I would say...I can represent them to say they agree to the conditions. CLARK: One of the conditions, one of concerns that I have is with the parking and we're told we cannot regulate that as far parking on the street and I'm very concerned that that will be a spill over on to that residential street. So, there is no way...you can sign all the documents you want, but that's not but going to...there's no way we can enforce it. CHENG: It's not enforceable. TRIPEPI: Madam Mayor, if I might try to bring this back on track. You have a list of 30 conditions before you this evening. Mr. Bruesch just indicated to me that those are not the only conditions he wants. Apparently there is concern about what is the applicant going to sign. I would suggest, our understanding at the staff level is this, the owner is going to come in, he's going to go over 1 through 30 with Mr. Cheng and the Planning Director. He will agree to each of those individually and then sign it. He is to then bring that back to a future Council meeting and those are the conditions that the majority of this Council said they wanted. Mr. Bruesch has just indicated that he wants additional conditions. So, I think to clarify this right now, if there's extra conditions that you folks want, you better put them out there right now because as Mr. Taylor said and Mr. Cheng has said, nobody really knows what those are right now. Let's start with, Madam Mayor, not to single you out, but if you want the garage back, if you want the third garage, add it as Condition No. 31 and see where it goes. Let's go from there. TAYLOR: I would agree with that. I think it needs three cars. TRIPEPI: My understanding is the Council is saying Condition No. 31 is now added and that will be to put a single car...add the single car back to make it a three car garage, and that seems to be acceptable. CHENG: I would agree. TRIPEPI: I would like the Council then to have a motion on that right now to add that condition. CLARK: I'm sorry, but that eats in to the play area that they did not take care of with the driveway so I still can't vote for it. TAYLOR: You don't want it either way then. You don't want it either way, you want the back garage... CLARK: Excuse me, Gary. I asked that they flip it so that the play area be all one without a driveway driving through-the kids can get hit by the cars. TAYLOR: In other words, he has to tear up all the existing driveway that is there. CLARK: It's probably not even in good condition if it was on rehab, anyway. CC 11-26-96 Page#10 CHENG: No, there is beautiful, beautiful condition. TAYLOR: It curves right now. CHENG: It is in beautiful, beautiful condition, that's why I am very surprised. We have been talking on this and, please, if you have a chance to take a look at what is out there. CLARK: I drove by it, frankly, I had the impression where are they going to put the house on this lot. TAYLOR: You say it's...how old is that driveway? CHENG: It was corn...to me it's brand new. TAYLOR: The Mayor drove by and said it's probably a run down driveway- which is it? CHENG: No. I can bet, my life, it's brand new. TAYLOR: Well, I going to drive by and look at it. She says it's run down. CLARK: I didn't say it was. I said it probably was... TAYLOR: Probably was is run down. OK, I'm not going to imply it's a new driveway. BRUESCH: Madam Mayor. Point of information. I, if you want to check the records, I never said conditions. I said, at least four times, this Council has reservations, they are not conditions. I want that perfectly clear. They were stated by the Mayor. They were stated by Councilman Imperial, they were stated by myself. We're not talking about adding 19 new conditions. The owner must know where the feelings and the comments that this Council is being placed. That's all I'm saying. If someone wants to add a condition to this list of 30, be it that as may. But, I've heard things about parking, I've heard things about the disposition of the house in the back. I've heard reservations about how the property was taken care of He needs to know that this is entering into our feelings. TRIPEPI: Is it understood then by the Council, if you don't add them as conditions and we only voice then as concerns, the owner can say that's nice and they're concerned about it, but the only thing you're going to hook in to is are the 30 conditions listed on the paper. Is that not correct, Mr. Kress. KRESS: Absolutely. TRIPEPI: So, Bob, I'm going to ask you then, are you telling me that if he agrees to the 30 conditions, are all of your concerns taken care of? BRUESCH: Maybe I have rose colored glasses. What I'm saying is that the owner knows that these comments have been made, perhaps he'll be sensitive to these ideas as he doing his project. That's all I'm saying. TAYLOR: Madam Mayor. Mr. Bruesch, the Minutes are verbatim. He will know our concerns. And, I agree with the concerns. I'm not just trying to go over it, to pass it by. But, the 30 conditions are there and he's going to have to...we still have the rehab to go back in on that. But, we were told tonight that they have rehabed it, so let's try and start with the cleanup and do something with the neighborhood. That's why I want to be in favor of it because it's hard now to completely rebuild it. IMPERIAL: Madam Mayor. Bartlett has enough of its troubles. We don't need to give them anymore, that was my original concern. Over on Earle Street, a man that was living there, I forget his name right now, he has since died. He used to complain to me every time I saw him, CC 11-26-96 Page#11 once a week, about the parking on this property. I would go all the way from Earle Street and Hellman, halfway down the block and the people were constantly unhappy with the way people from this house were taking all the parking. I, myself, sat here when we gave a permit to this Chinese church on Newby - that they had to park in the parking lot, and there was adequate parking. Now, I had to throw a party for my father and mother-in-law who were going away on vacation. I had to wait until after 4 o'clock to throw that party so I'd know I'd have some parking out in front of my street. What I'm trying to say is it's a consistent problem and I think we need to address it in anyway we can...give a damn what the law says, there must be an answer out there. Because, we're creating misery for the people that are living in that area. COUNCILMEMBER VASQUEZ: Madam Mayor. I'd just like to say something. Mr. Cheng is being bombarded and it's the owner who we really wanted to speak to. It's a shame we've had him up here so long. BRUESCH: That's exactly my point. Mr. Cheng, you shouldn't be up here. That's what I'm saying. CHENG: No. I should be up here, because that's my job. He should be here too, because he should be here to support me. But, right now, I'm fighting a battle for him, which I think is fair to me. BRUESCH: That was the whole point of my motion. You should not begetting these barbs. The owner should understand what is going on before we...that's all I'm talking about. TAYLOR: Were there any other conditions that we really need to get cleared up or voted on- added conditions? The garage, the parking, the 3 car garage, that was one of yours. I would be in favor of a 3 car garage more so then to solve the problem of the one street parking, so to speak. That's a pretty big yard for the kids to play in and if it's all under common ownership, they still have a big area to play and I can see a basketball court there myself on that concrete driveway. So, I would call for the question. The motion was that we approve this with the condition that Mr. Bruesch had -the owner come in and sign these conditions and he be give a copy of the Minutes verbatim that he understands the concerns and the rehab will still be active as far as keeping eye on that property. It starts to dilapidate again, then go right back down there. To put a house on like this, I would be embarrassed to have somebody come back and say look at that shack you've got in the back, as far as what you're doing. I personally would be embarrassed to have that. And, I think that owner...he's got to be a millionaire to be doing this. CHENG: Not millionaire, but I think he's, I think he's somewhere out there. TAYLOR: This is no $200,000 or $300,000... CHENG: He probably has his own plan to...when he build a house in the front, he will also clean up everything all at one time because it's hard to get people in to do something without knowing what you are going to do. He has to work hard to make money to build a house. He likes this City, he wants to live here. That's why he invests that kind of money in the house. TAYLOR: Mr. Bruesch, do you have any objections to putting a 3 car garage back in? BRUESCH: That's up to the Council under conditions. All I'm saying is that we're talking to the wrong person. TAYLOR: In all fairness, you know and I know, 50% of the cases that come up here, it's the architect that's presenting the project. BRUESCH: Yes. But, Gary, you know also that the owner is sitting back there to answer questions... TAYOR: Not all the time. CC 11-26-96 Page#12 BRUESCH: But generally speaking... TAYLOR: We had one here down here a while back, that church on San Gabriel Boulevard, we weren't sure who the owners were of the property. BRUESCH: That was on the other side. TAYLOR: OK. But, the builder was here and there talking about it. The owner wasn't here as far as expressing his concern. It goes both ways, is all I'm saying. IMPERIAL: Madam Mayor. I don't care who you're calling or who the person is that's calling. If you've got a problem you want to talk to somebody that can take some action and do something about the problem. Now, he cannot take any action unless the owner agrees. I think it's important that the owner agrees to come down here and then we should talk about the other garage and everything like that. TAYLOR: Madam Mayor. Two weeks ago those plans were taken back and some pretty good changes were made on it. I think he does have a position of working with the owner on it. He did get those changes made and the project doesn't move forward if the owner doesn't come here and sign the paper. If he doesn't come in the two weeks, it doesn't...he's got to come in before he gets it. CHENG: May I say something. He doesn't speak English. If I bring him here, he feels very intimidated, especially I cannot stop and talk to him, explain to him what we are talking about. CLARK: You have to translate. I'm sure you're excellent at translating. CHENG: I know, but it's very hard to do it other then when we are sitting at home and then I explain to him one-by-one with other friends. He probably may not trust me 100%. He will have some people to look at this too. But, anyway, I tell you as far as having the owner to all the meetings all the time, some things they are very hard to do. I have represented some corporations where the owner is not even in town. Think about the McDonald, Jack-In-The-Box, those of Wendy Hamburgers, you don't expect the President to be at all meetings all over. BRUESCH: Mr. Cheng, switch places. We have reservations, we have feelings, we have questions and we will be saying it to somebody who is going to tell it to somebody else. You have to understand where we're coming from also. I hope you can relay that feeling. IMPERIAL: I was reminded that we couldn't put you into any kind of a situation where you could act as an intermediary, OK. Let's switch places again, as Mr. Bruesch has said. You're going to get through with this project and you're going on to the your next one. They are going to have this project whether we like it or not, if that's the way it goes. They're going to close the door and forget all their problems. I'm talking about the people that live on the block. That's my concern- the people that live on the block, they're going to live with it. I don't see any reason why this man can't come down here. If you want an interpreter, I'll make sure I have one down here. Does he speak Mandarin or Cantonese? CHENG: Cantonese. IMPERIAL: I can get somebody down here to interpret Cantonese. We can sit him in that chair over there and talk to him while you're having a conversation. CHENG: If he is willing to come, I'm pretty sure there will be someone who can explain to him and make sure he understand. Except that I tell you, with all the conditions here, you have code enforcement, the City is always on the drivers seat anyways because you, you know. He still has to get the OK approval from you for their inspector to go through the whole thing, the Occupancy Permit, the whole enchilada. So, we're talking about a lot of control. Maybe he never have a parking problem. We are not talking about a condominium with apartment next door, next CC 11-26-96 Page#13 door, next door. We don't have that problem, believe me. IMPERIAL: Is he from Hong Kong? CHENG: I don't know where he came from. IMPERIAL: If he's from Hong Kong and he lives up in the Hong Kong area, there's no problem. If he lived in Kowloon, then he knows about the kind of problem we're talking about. CHENG: I don't know where he came from. CLARK: We need to bring this to a closure. TAYLOR: Madam Mayor. One question, Mr. Bruesch, I understood him to be in agreement that the owner needs to come in an talk with staff to approve everything and sign it. I'm getting the impression that Mr. Imperial now wants him to come before this Council and sit in that chair out there. I don't think that's necessary. IMPERIAL: I thought that was the intention and that's just your opinion, Mr. Taylor, not mine. TAYLOR: Mr. Bruesch, what was your intention. BRUESCH: My motion was that Mr. Cheng and the owner come in and speak with staff; review what went on at this meeting, then come back to us at the next meeting with it. If possible if that would so suffice, a revised set of..Mr. Cheng can come back if he so desires and he probably will want to come back. TAYLOR: With the revised set of what? BRUESCH: Set of requirements of.. TRIPEPI: Bob, there can only be a revised set of conditions if the Council revises it tonight. If you want to revise it, make the motion. TAYLOR: Madam Mayor. I would withdraw my motion and second Mr. Bruesch's that the gentleman come in and review all these conditions with staff, sign that and then it comes back to the Council. If it's not signed, we don't approve it. KRESS: The Public Hearing has been concluded. This will come back after the owner signs, has the explanation of what the conditions are, signs the Affidavit of Acceptance of Conditions and come back on a future Council agenda for ratification. The only open question that I'm aware of is whether the garage is going to be three car or two car. TAYLOR: That was a suggestion that got no motion or second on it. CLARK: Well, I'll second it if you want to make the motion. TAYLOR: Mr. Bruesch, would you agree to enlarging the garage? BRUESCH: If you want to make that as an amendment to my motion, I certainly would accept that as an amendment. TAYLOR: All right. I'll make the motion that the garage be for three instead of two. CHENG: That will be Condition No. 31. OK, that will be fine. CLARK: Are you seconding it or.... CC 11-26-96 Page#14 BRUESCH: I accepted that as a friendly amendment. I don't need a second on that do I Mr. Kress? KRESS: No. TAYLOR: All right. I would call for the question if we're in agreement on that. BRUESCH: Yes. I would call for the question. CLARK: All right we have a motion. BRUESCH: The motion is that the owner and... CLARK: Is that what the motion is, we're approving the project? BRUESCH: No. TAYLOR: Thirty one conditions... BRUESCH: My motion is with the 31st condition is that the owner comes in with the architect, meets with staff and signs off on those 31 conditions plus the fact that staff has chance to relay to the owner what went on in our meeting. That is all, then it will be brought back next meeting or at a future meeting. CLARK: For a vote? BRUESCH: For a vote. TAYLOR: Wait a minute. Mr. Kress, a vote on approving the 31, we wouldn't be adding new conditions again now, would we? KRESS: No. CLARK: I haven't closed the Public Hearing though. You said before that the Public Hearing had been closed, I haven't closed it so we can still continue it if we want to. KRESS: I thought you did close it. There has certainly been a lot of Council deliberation. It would be my understanding that this would come back much like a contract. If the owner signs the conditions, that is his offer to the Council to abide by those conditions and build a project as represented and the Council will then vote on that proposal, Yes of No. BRUESCH: That is the spirit of my motion. TAYLOR: I call for the question. CLARK: We have a motion on the floor, please vote. Vote taken from voting slip: Yes: Vasquez, Taylor, Bruesch, Imperial No: Clark Absent: None Abstain: None TAYLOR: Madam Mayor. There was an unfinished thing. I withdrew my motion, Mr. Vasquez was the second. He withdrew his second on it so it's clean Minutes. CHENG: So in other words, may I ask when we are going to meet again. CC 11-26-96 Page#15 TAYLOR: By December 10th. CLARK: You'll only have three Councilmembers there, Mr. Imperial and I will be at the National League of Cities which you've had on our agenda for months. We're on committees and we deal with important city issues. CHENG: Do I have to be here on December 10th, because if he's already signed it. TAYLOR: Well, if you want to speak. I don't know why it's coming back is he signs it and agrees to it, but that was one of the...but, I'd like it on the December 10th agenda. CHENG: All right, that will be great. Then we will take care of the 31 items. I'll be here. I want to thank the Councilmembers for working with us on this project, especially Councilmembers Clark and Joe Vasquez. Without both of you, this project probably would have died already. III. LEGISLATIVE A. RESOLUTION NO. 96-54 - CLAIMS AND DEMANDS The following Resolution was presented to the Council for adoption. RESOLUTION NO. 96-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $ 786,940.05 18283, 18400 THROUGH 18547. MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMEMBER BRUESCH, that the Council adopt Resolution No. 96-54. Vote resulted: Yes: Vasquez, Taylor, Clark, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. B. ORDINANCE NO. 774 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD PROVIDING AUTHORITY TO REMOVE ILLEGAL SIGNS AND RECOVER COSTS FROM TILE RESPONSIBLE PARTIES - ADOPT The following Ordinance was presented to the Council for adoption: ORDINANCE NO. 774 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD PROVIDING AUTHORITY TO REMOVE ILLEGAL SIGNS AND RECOVER COSTS FROM THE RESPONSIBLE PARTIES - ADOPT MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMEMBER TAYLOR that the Council adopt Ordinance No. 774. Vote resulted: CC 11-26-96 Page#16 Yes: Vasquez, Taylor, Clark, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered.. IV. CONSENT CALENDAR The following item was taken out of order. CC-G.AAMVIEND AGENDA TO INCLUDE ITEM CC-G MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER TAYLOR that the Council amend the agenda to include item CC-G and determine that the need to take action on this item arose after the posting of the agenda and there is a need to take action at this evening's meeting as the event will occur before the Council's next meeting. Vote resulted: Yes: Vasquez, Taylor, Clark, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC-G AUTHORIZATION TO ATTEND 30TH ANNUAL CALIFORNIA CONTRACT CITIES SACRAMENTO LEGISLATIVE ORIENTATION TOUR, JANUARY 14-16, 1997. MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMEMBER BRUESCH that the Council authorize the attendance of the above conference by any Councilmember, City Attorney, Police Chief, City Manager and staff designees. Vote resulted: Yes: Vasquez, Taylor, Clark, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC-A AWARD OF BIDS AND AWARD OF CONTRACT- ABILENE STREET IMPROVEMENTS, HANDICAP ACCESS RAMP PROGRAM, AND ASPHALT OVERLAY ON VARIOUS CITY STREETS CC-C AUTHORIZATION OF MEMBERSHIP IN LOCAL GOVERNMENT COMMISSION CC-D LEAGUE OF CALIFORNIA CITIES MAYORS AND COUNCIL MEMBERS INSTITUTE - JANUARY 8-10, 1997, SACRAMENTO CC-E AUTHORIZATION TO PAY PROPERTY DAMAGE CLAIM AGAINST THE CITY IN THE AMOUNT OF$500.00 CC-F CONSIDERATION OF A 3% COST-OF-LIVING ADJUSTMENT FOR CITY EMPLOYEES MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER CC 11-26-96 Page#17 TAYLOR that the Council approve the aforementioned items. Vote resulted: Yes: Vasquez, Taylor, Clark, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC-B ENGINEERING PROPOSAL- STREET IMPROVEMENTS ON VALLEY BOULEVARD Robert Angles, 9741 Valley Boulevard, Rosemead, withdrew his request to speak on this item. Councilmember Taylor stated that he will vote No on this item as the fees proposed are excessive. Mayor Clark stated that she will vote No also as she did not get the impression from the residents attending the Special Meeting held on October 29, 1996 regarding Valley Boulevard that they were in favor of removing the existing bubble curbs, and she would like to see the results of the Chamber of Commerce survey. After discussion, it was decided to defer this item. V. MATTERS FOR DISCUSSION AND ACTION-None VI. STATUS REPORTS -None VII. MATTERS FROM OFFICIALS A. REQUEST FROM COMMISSIONER BREEN FOR REAPPOINTMENT TO THE PLANNING COMMISSION MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER TAYLOR that Commissioner Breen be reappointed to the Planning Commission. Vote resulted: Yes: Vasquez, Taylor, Clark, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. B. REQUEST FROM COMMISSIONER ALARCON FOR REAPPOINTMENT TO THE PLANNING COMMISSION MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMEMBER BRUESCH that the Commissioner Alarcon be reappointed to the Planning Commission. Vote resulted: Yes: Vasquez, Taylor, Clark, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC 11-26-96 Page#18 VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE -None IX. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 9:25 p.m. The next regular meeting is scheduled for December 24, 1996, at 8:00 p.m. Respectfully submitted: APPROVED: City Clerk Mayor CC 11-26-96 Page#19