CC - Item 4B - Minutes 10-25-05• •
MINUTES OF THE REGULAR MEETING
ROSEMEAD CITY COUNCIL
October 25, 2005
The regular meeting of the Rosemead City Council was called to order by Mayor Imperial at 8:00 pm in the
Council Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead, California.
PLEDGE TO THE FLAG was led by Councilmember Tran
INVOCATION was delivered by Reverend Ken Fong, Evergreen Baptist Church
ROLL CALL OF OFFICERS:
Present: Councilmembers Clark, Nunez, Tran, Mayor Pro Tern Taylor, Mayor
Imperial
Absent: None
APPROVAL OF MINUTES:
Motion by Mayor Pro Tem Taylor; second by Councilmember Clark, that the Council
approve the Minutes of the regular meeting of October 12 2004 as submitted. Vote
resulted:
Yes: Clark, Imperial, Taylor
No: None
Absent: None
Abstain: Nunez, Tran
Mayor Imperial declared said motion duly carried and so ordered.
ADMINISTER OATH OF OFFICE TO NEW CITY CLERK, NINA CASTRUITA
1. PUBLIC COMMENT FROM THE AUDIENCE
Marline Shinen, residing at 8447 Drayer Lane, So. San Gabriel, thanked her neighbors for fighting
hard on the Wal-Mart issue and further thanked the retiring City Clerk, Nancy Valderama for her
service.
Connie Morales, resident of Rosemead, asked for the Council's assistance in dealing with two
properties in the City. The first property is Springfield Manor which houses mentally ill people and
is located at 2556 E. New Avenue. She has witnessed these people asking students from across
the street for money donations. The second location is a halfway house located across from the
school on Graves. These people have displayed disruptive behavior and have in the past left
mattresses on the street. City Manager Crowe will have staff look into these concerns and report
back to the Council. In addition, Ms. Morales has observed drug trafficking in the Norwood/Earle
CC minutes: 10_25_05
Page 1 of 7
•
•
neighborhood and requests sheriffs protection at night. Mayor Imperial offered his assistance to
assure sheriffs response.
Barbara Murphy inquired about the trash study session. City Attorney Kress informed her that a
public hearing will be scheduled.
II. PUBLIC HEARINGS
A. PUBLIC HEARING TO CONSIDER DESIGN REVIEW 03-110/ZONE VARIANCE 05-328
APPEAL - UNIVERSAL BANK 8855 E. VALLEY BOULEVARD
This item was continued from the October 11, 2005 City Council meeting to allow the
applicant and the adjoining property owner an opportunity to work out a resolution to their
problem. A meeting was conducted and no resolution was reached at that point. The
purpose of this continuance is to have the Council give direction to the City Attorney.
Mr. Kevin Ennis of the Law Firm of Richards, Watson & Gershon is representing Mr. Lee,
owner of the Universal Bank Building. Mr. Lee is seeking approval for a renovation project
on his existing property. Mr. Ennis stated that the proposed project would increase city
revenue and improve the appearance of Rosemead's downtown area. The project
includes a renovation of the existing building, improved landscaping and signage. Two
new businesses are being proposed for the first floor of the bank building. The proposal
includes a restaurant and a coffee or sandwich shop. Reconfiguration of parking spaces
and removal of the billboard is also included. The neighboring owner, Mr. Bob Nguyen,
would like to add a building to the southwest comer of the same parking lot. The parking
easement shared by the two owners is what is in question and debate. The owners are
opposed to each others project.
Mr. Joe Foust, a Civil/Traffic Engineer, conducted a traffic study and two separate
utilization parking studies during peak traffic and found that there are 50 unused parking
spaces in the entire parking lot. Mr. Taylor asked for clarification on the required parking
spaces belonging to the Universal Bank Building. Planning staff reported that currently
Universal Bank Building only has 53 parking stalls where the code's requirement is 131
stalls before the proposed restaurant facility. The change of land use from office to
retail/restaurant also changes the requirement of the parking stalls. Mr. Lee purchased the
land with the understanding of reciprocal access and parking covenant. Mr. Sergio
Gonzalez explained his architectural improvement of the Union Bank Building to the
council on behalf of Mr. Lee.
Mayor Imperial announced a five minutes recess.
The owner of the other side of the shopping mall, Mr. Bob Nguyen did not agree with Mr.
Lee's interpretation of the reciprocal access and easement by filing zone variance 05-328
appeal. Mr. Nguyen's representative, Mr. John Henning, presented a proposal for a new
structure with 9,000 square feet at the southwest comer of the parking lot at Valley and
Muscatel. In addition, Mr. Nguyen plans to remodel the entire shopping center including
demolishing a restaurant and creating more parking spaces for the shopping center.
CC minutes: 10_25_05
Page 2 of 7
0 0
Councilmember Tran felt that Mr. Lee had waited patiently for his remodel project for two
years and met the requirements of the Planning Commission. Councilmember Tran added
that Mr. Nguyen also presented an exciting project and he wanted to see both projects
approved. Mayor Imperial offered his service to facilitate the cooperation from both
property owners. Mr. Brian Lewin, resident at 9442 Ralph Street, spoke in favor of both
projects; however, the parking demand from the restaurant and a coffee shop will overflow
to Mr. Nguyen parking easement and Mr. Nguyen also needs Mr. Lee's approval for his
new structure. Therefore, it is a basic fundamental fairness to both parties that the parking
access and easement should be agreed upon before any advancement of these
proposals. The Planning Commission recommended that the disputes about the parking
easement between the two owners, Mr. Lee and Mr. Nguyen, be resolved and agreements
must be reached before they reappear to ask for approval of their respective applications.
Motion by Councilmember Nunez; second by Councilmember Tran, that Council
accept recommendation of staff and uphold the Planning Commission's decision and deny
approval.
The City Attorney recommended disapproval of both applications and for Council to
approve both of the proposals with the condition that the property owners approve each
other's requests. The council accepted the recommendation from the City Attorney and
denied the appeal.
Substitute motion by Councilmember Clark; second by Mayor Pro Tern Taylor, that
the Council approve the design review but deny application of the variance without
prejudice and waive the fee to reapply. Vote resulted:
Yes: Clark, Imperial, Taylor
No: Nunez, Tran
Absent: None
Abstain: None
Mayor Imperial declared said substitute motion duly carried and so ordered.
III. LEGISLATIVE
A. RESOLUTION NO. 2005-37 CLAIMS AND DEMANDS
Motion by Councilmember Nunez; second by Councilmember Tran, that the Council
adopt Resolution No. 2005-37, for payment of City expenditures. Mayor Pro Tern Taylor
requested copy of Page 9, $16,000 for professional service rendered. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran,
No:
None
Absent:
None
Abstain:
None
Mayor Imperial declared said motion duly carried and so ordered.
CC minutes: 10_25_05
Page 3 of 7
• •
B. ORDINANCE NO. 840 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING CHAPTER 5.24 OF THE R.M.C. REGARDING
MASSAGE ESTABLISHMENTS
On October 28, 2003, the City Council adopted an ordinance which enacted a moratorium
on the issuance of any permits or entitlements for businesses offering massage services.
This moratorium has limited the ability of new operators to open business within the City,
pending the City's consideration of new regulations. This revised ordinance would impose
a comprehensive regulatory framework for massage establishments and massage
technicians who operate within the City's boundaries.
Motion by Mayor Pro Tern Taylor; second by Councilmember Clark, that the Council
adopt ordinance No. 840, amendments to section 5.24 of the Rosemead Municipal Code.
Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran,
No:
None
Absent:
None
Abstain:
None
Mayor Imperial declared said motion duly carried and so ordered.
IV. CONSENT CALENDAR -RECOMMENDATION: APPROVAL
CC-A INSTALLATION OF CURB MARKINGS AT 3953 MUSCATEL AVENUE
The Traffic Commission recommended installing green curb (with a 20 minute time limit)
and three feet of red curb adjacent to the driveway. This action must be ratified by the City
Council prior to installation of the curb markings.
Recommendation: Approve the Traffic Commission's recommendation to install green
curb (with a 20 minute time limit) and three feet of red curb at 3953 Muscatel Avenue.
Motion by Councilmember Tran; second by Councilmember Nunez, that the Council
approve the consent calendar item A. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran,
No:
None
Absent:
None
Abstain:
None
Mayor Imperial declared said motion duly carried and so ordered.
CC-B INSTALLATION OF A TRAFFIC SIGNAL AT GRAVES AVENUE AND JACKSON
AVENUE
CC minutes: 10_25_05
Page 4of7
0 0
The Traffic Commission recommended installation of a traffic signal at the intersection of
Graves and Jackson Avenues. City Council will now consider accepting this
recommendation.
Recommendation: Approve the Traffic Commission's recommendation to install a traffic
signal at Graves Avenue and Jackson Avenue.
CC-C APPROVAL OF PROPOSAL TO CONDUCT CITYWIDE ENGINEERING AND TRAFFIC
SURVEY AND CITYWIDE 24-HOUR TRAFFIC COUNTS
The California Vehicle Code requires that cities complete an Engineering and Traffic Study
every five years in order to continue using radar traffic enforcement, but this time is
extended to seven years under certain circumstances. The City's current Engineering and
Traffic Study will expire January 2006. In order to continue using radar to enforce the
speed limit after this date, a new Engineering and Traffic Study must be performed.
Recommendation: That the City Council approve the engineering proposal from Willdan
and direct staff to begin the preparation of the Engineering and Traffic Survey, and
appropriate the necessary funds from unappropriated General Fund reserves.
CC-D ACCEPTANCE OF BIDS AND AWARD OF CONTRACT FOR TRAFFIC SIGNAL
INSTALLATION/MODIFICATIONS, TRAFFIC SIGNAL CONTROLLER UPGRADES AND
PEDESTRIAN PUSH BUTTON REPLACEMENT.
On October 18, 2005, bids were received for the subject project, which provides for the
installation of a new traffic signal at Hellman Avenue/Eastbound 1-10 Freeway off ramp,
modifications to the existing traffic signal at Valley Boulevard /Mission Drive/Rio Hondo
Avenue to provide for protective eastbound left turn phasing, and traffic signal controller
upgrades and pedestrian push button replacement citywide. City Council will consider
award of the project to Republic Electric.
Recommendation: Accept the bids and award the project to Republic Electric in the
amount of $558,827.50; and authorize the Mayor to sign the contract on behalf of the City.
CC-E AUTHORIZATION TO ATTEND THE LEAGUE OF CALIFORNIA CITIES 2005 CITY
CLERKS NEW LAW & ELECTION SEMINAR- MONTEREY, CALIFORNIA,
DECEMBER 7-9, 2005
This year's seminar includes sessions on elections, FPPC, address by the Secretary of
State, new law and election updates, the Federal Voting Rights Act and the Department of
Justice, ethics, facing recalls, initiative and referendum, and a variety of other municipal
City Clerk issues
Motion by Mayor Pro Tern Taylor; second by Councilmember Nunez, that the Council
approve the aforementioned consent calendar items B thru E. Vote resulted:
CC minutes: 10_25_05
Page 5 of 7
0 0
Yes:
Clark, Imperial, Nunez, Taylor, Tran,
No:
None
Absent:
None
Abstain:
None
Mayor Imperial declared said motion duly carried and so ordered.
V
MATTERS FOR DISCUSSION AND ACTION
None
VI. STATUS REPORTS
None
VII.
MATTERS FROM OFFICIALS
None
VIII.
IX.
X.
ORAL COMMUNICATIONS FROM THE AUDIENCE
Juan Nunez, resident at 2702 Del Mar addressed his concern about cars parked in front of his
house on and before trash pick up days; however, both Mayor Pro Tem Taylor and Mayor Imperial
agreed that no traffic violation was made.
Motion by Councilmember Clark; second by Councilmember Tran. Vote resulted:
Yes:
Clark, Imperial, Taylor
No:
None
Absent:
None
Abstain:
None
Mayor Imperial declared said motion duly carried and so ordered.
CLOSED SESSION
t.,UIVrtKCIVUt VVI I M LCIUHL UUUIVJCL - CA10I INN LI I I%JM I IVIV - vvV
54956.9 a - Name of Case: Save Our Community vs. City of Rosemead.
The session began at 11:00 pm and ended at 11:04 pm. City Attorney Peter Wallin stated that no
reportable action was taken during the closed session.
ADJOURNMENT
CC minutes: 10_25_05
Page 6 of 7
There being no further action to be taken at this time, motion by Councilmember Tran; second
by Mayor Imperial, to adjourn the meeting in memory of the late Congressman Roybal and Rosa
Park at 11:05 pm.
The next regular meeting will be held on November 8, 2005, at 8:00 p.m.
Respectfully submitted: APPROVED:
City Clerk
CC minutes: 10
Page 7 of 7
MAYOR