CC - Item 3B - Minutes 11-28-060 0
MINUTES OF THE REGULAR MEETING
ROSEMEAD CITY COUNCIL
November 28, 2006
The regular meeting of the Rosemead City Council was called to order by Mayor Taylor
at 8:05 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 Imperial. The invocation was
delivered by Mayor Taylor.
ROLL CALL OF OFFICERS:
Present: Councilmembers Clark, Imperial, Tran, Mayor Pro Tern Nunez and
Mayor Taylor
Absent: None
On the occasion of his retirement, Mayor Taylor presented an Award of Recognition to
Donald J. Wagner, Assistant City Manager for his 23 years of service to the City of
Rosemead.
1. PUBLIC COMMENT FROM THE AUDIENCE
Cindy Chen, introduced herself as the new field representative/API liaison for
Congresswoman Hilda Solis; she specifically covers immigration matters.
Juan Nunez, residing at 2702 Del Mar Ave, indicated that the building at the southwest
corner of Del Mar and Garvey was in need of maintenance. Planning Director Johnson
indicated permits were reviewed by the Planning Commission two months ago; the
development is slowly progressing.
Jim Clouet, residing at 3719 Ivar Ave, commended Assistant City Manager Wagner for
his responsiveness to resident concerns.
2. PUBLIC HEARINGS
A. Ordinance No. 846 Approving Zone Change 04-218 and Planned
Development Review 04-02 7621 - 7637 Garvalia Avenue
On November 6, 2006, the Planning Commission held a public hearing to
consider the Zone Change and Planned Development Review for
development of an 8-Lot, Single Family Residential Subdivision, located at
7621 - 7637 Garvalia Avenue. A detailed analysis of the project is
provided in the staff report. After hearing all testimony, the Commission
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voted 5-0 to recommend City Council approval of Zone Change 04-218.
Recommendation: That the City Council:
Introduce Ordinance No. 846 approving Zone Change 04-218,
amending the Rosemead Zoning Designation from R-2 (Light
Multiple Residential) to PD (Planned Development) and the
Development Concept Plan.
Adopt a Negative Declaration finding that this project will not have
adverse effects on the environment.
Mayor Taylor opened the Public Hearing at 8:15 PM and closed it at 8:25 PM.
Director of Planning Johnson spoke on behalf of property owners who requested the
zone change; he summarized the proposed project and explained that currently 11
detached homes are on the lot. The project proposes eight new homes on the lot, each
with a higher square footage than existing structures.
Gilbert Almanzar, residing at 2517 Evelyn Avenue, asked for clarification about the
Zone Change and the living capacity for the proposed structures; specifically he wanted
to know if the proposal was for eight families or eight structures. He expressed concern
about additional traffic and asked the Traffic Commission reconsider installation of a
stop sign requested four years ago. Mr. Almanzar also asked if public utilities would be
affected by the proposed project.
Councilmember Tran indicated that he also shared concerns about traffic safety and
expressed support for stop sign installation. Councilmember Tran requested a deferral
on the item until a traffic study is completed.
Mayor Taylor advocated that the project could be approved in conjunction with a traffic
study request.
Director of Planning Johnson indicated that at an anticipated two additional car trips per
day, the project did not meet the threshold for a traffic study qualification (which is 50
new trips per day).
Councilmember Tran stated he was not opposed to the development; rather, he
suggested a stop sign for safety might be warranted.
Planning Director Johnson reminded the Council that at this point, it was being asked
for conceptual approval for the project; an additional hearing would be required for final
approval.
Councilmember Imperial expressed concern about the project's impact on power utilities
and parking issues.
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Councilmember Clark asked: if a traffic study could be conducted after homes are built;
why three car garages were not required; and if design guidelines were incorporated.
Planning Director Johnson explained design guidelines were incorporated and that
three car garages were only required if units are at least 2,000 sq ft. with five bedrooms.
COUNCILMEMBER TRAN MADE A MOTION, WITH A SECOND BY MAYOR PRO
TEM NUNEZ to:
Introduce Ordinance No. 846 approving Zone Change 04-218,
amending the Rosemead Zoning Designation from R-2 (Light
Multiple Residential) to PD (Planned Development) and the
Development Concept Plan.
2. Adopt a Negative Declaration finding that this project will not have
adverse effects on the environment.
Vote resulted:
Yes: Clark, Imperial, Nunez, Taylor, Tran
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
3. CONSENT CALENDAR
Mayor Taylor requested Items M and N pulled and Councilmember Clark requested
items B and L pulled for discussion purposes. Item C was pulled as residents requested
to speak about the item.
A. Resolution No. 2006-38 Claims and Demands
Recommendation: Adopt Resolution No. 2006-38, for payment of City
expenditures in the amount of $1,326,623.46 demands 55285 through
55412.
D. Parking Restrictions on Walnut Grove Avenue at Grand Avenue
Upon receiving a complaint from the resident at 4911 Walnut Grove
Avenue that existing parking restrictions in the vicinity of her home were
being ignored, staff reviewed the situation and determined that additional
parking restrictions are in order.
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Recommendation: That the City Council approve the Traffic
Commission's recommendation to install red curb on the north side of
Walnut Grove Avenue north of Grand Avenue.
E. Approval of Plans and Specifications and Authorization to Seek Bids
for Virginia Street Improvements
Plans and specifications have been prepared for the construction of the
Virginia Street Improvements. The project involves the reconstruction of
Virginia Street from Denton Avenue to the west end, and construction of a
new segment of Strathmore Avenue from Virginia Street to Garvey
Avenue. City Council will consider the approval of the plans and
specifications and authorization to advertise for bids.
Recommendation: Staff recommends that the City Council approve the
plans and specifications for the Virginia Street Improvements and
authorize advertisement for bids by the City Clerk.
F. Approval of Plans and Specifications and Authorization to Seek Bids
for Reconstruction of Various Alleys
Plans and specifications have been prepared for the reconstruction of
three alleys: (1) north of Valley Boulevard (Bartlett/East End), (2) north of
Valley Boulevard (Rio Hondo/East End), and (3) south of Valley Boulevard
(Temple City/Strang). The alleys are deteriorating and in need of
reconstruction. City Council will consider the approval of the plans and
specifications and authorization to advertise for bids.
Recommendation: That the City Council approve the plans and
specifications for the reconstruction of various alleys and authorize
advertisement for bids by the City Clerk.
G. No Parking for Over 80 Inches Wide Sign on Mission Drive at Ivar
Avenue
Staff received from the resident at 4403 Ivar Avenue requesting the
installation of the "No Parking Vehicles Over 80 Inches Wide Upon Any
Street for Over 2 Hours Except Loading and Unloading" sign along Mission
Drive adjacent to her home to discourage trucks parking near her home,
especially during the "overnight" hours.
Recommendation: That the City Council approve the Traffic
Commission's recommendation to install a "No Parking Vehicles Over 80
Inches..." sign for westbound Mission Drive just west of Ivar Avenue.
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H. Loading Zone on Willard Avenue
D & M Bros. (@ 8501 Garvey Avenue) requested the installation of a
loading zone on Willard Avenue (adjacent to their property). The owners
indicated that on-street parking along Garvey Avenue and Willard Avenue
is often occupied, causing trucks loading or unloading at their business to
park in the middle of Willard Avenue, blocking traffic flow.
Recommendation: That the City Council approve the installation of 65
feet of green curb on the east side of Willard Avenue from Garvey Avenue
north to the Willard Avenue driveway for 8501 Garvey Avenue (D & M
Bros).
Lengthening of Left Turn Lanes for Northbound and Southbound
Walnut Grove Avenue at Hellman Avenue
The recent traffic signal modification at the intersection of Walnut Grove
Avenue and Hellman Avenue has caused a need for additional storage
length for left turn traffic. This need is in both the northbound and
southbound directions. With the new traffic signal at Hellman Avenue and
the 1-10 Freeway ramps and the associated signal operation, this left turn
storage demand is not likely to diminish.
Recommendation: That the City Council approve the Traffic
Commission's recommendation to:
1) Lengthen the southbound left turn lane to 120 feet;
2) Lengthen the northbound left turn lane to 200 feet;
3) Install 85 feet of "No Parking Any Time" on the west side of Walnut
Grove Avenue; and
4) Install 185 feet of "No Parking Any Time" on the east side of Walnut
Grove Avenue.
Authorization to Attend League of California Cities 2007 Mayors and
Council Members Academy Leadership Institute
The League of California Cities 2007 Mayors and Council Members
Academy Leadership Institute set to take place January 10-12, 2007, in
Sacramento. Conference sessions will include: Policy Role in Land Use
Planning; Relationship between City Council and City Manager; Practical
Ethics and the Law; Introduction to Finance; and Dealing and Succeeding
with the Media.
K. AB 1234 Meeting Reports
AB 1234 requires that City Councilmembers and staff provide a brief
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report on meetings attended at City expense at the next regular City
Council meeting. The City Clerk has received a written report filed by
Mayor Pro Tern Nunez, Councilmember Clark, City Manager Lazzaretto,
Assistant City Manager Wagner and staff.
Recommendation: That the City Council receive and file said reports.
A MOTION WAS MADE BY COUNCILMEMBER TRAN, WITH A SECOND BY
MAYOR PRO TEM NUNEZ to approve Consent Calendar Items A, D, E, F, G, H, I, J, K
as listed above. Vote resulted:
Yes: Clark, Imperial, Nunez, Taylor, Tran
No: None
Absent: None
Abstain: None
B. Minutes
November 22, 2005 - Regular Meeting
Mayor Taylor requested a minor spelling correction to the November 22, 2005 minutes.
A MOTION WAS MADE BY COUNCILMEMBER TRAN, WITH A SECOND BY
MAYOR PRO TEM NUNEZ TO APPROVE THE NOVEMBER 22, 2005 MINUTES with
the correction indicated above. Vote resulted:
Yes: Clark, Imperial, Nunez, Taylor, Tran
No: None
Absent: None
Abstain: None
September 12, 2006 - Regular Meeting
Councilmember Clark asked the Minutes from September 12, 2006 be deferred for
discussion purposes.
November 14, 2006 - Regular Meeting
Mayor Taylor, Councilmember Clark and Councilmember Tran requested minor
changes to the November 14 minutes.
A MOTION WAS MADE BY COUNCILMEMBER TRAN, WITH A SECOND BY
COUNCILMEMBER CLARK TO APPROVE THE NOVEMBER 14, 2006 MINUTES with
the corrections referenced above. Vote resulted:
Yes: Clark, Imperial, Nunez, Taylor, Tran
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No: None
Absent: None
Abstain: None
C. Acceptance of Bids and Award of Contract for Garvey Avenue Bridge
On November 14, 2006, bids were received for the subject project, which
provides for the reconstruction of the Garvey Avenue Bridge over the Rio
Hondo Channel. City Council will consider award of the contract to Reyes
Construction, Inc. in the amount of $10,869,568.20.
Recommendation: That the City Council accept all bids and award the
project to Reyes Construction, Inc. in the amount of $10,869,568.20; waive
the irregularities in the bids by Steve P. Rados, Inc. and Griffith Company;
and authorize the Mayor to sign the contract on behalf of the City.
Jim Flournoy, Rosemead resident, also commended Mr. Wagner for his service to the
community. Regarding the Garvey Avenue Bridge, Mr. Flournoy pointed out that State
of California regulations mandate that if an earthquake fault exists close to a bridge, the
City has to generate a report, which it hasn't done. Mr. Flournoy indicated that the
geotechnical report provided by the City doesn't acknowledge the existence of a fault,
even though the City's General Plan does.
City Manager Lazzaretto indicated he spoke with Mr. Flournoy a few days ago regarding
the issue. Mr. Lazzaretto then contacted Caltrans, who indicated they felt comfortable
with the documentation and engineering work provided by the City for the bridge project.
Mr. Lazzaretto illustrated staff recommendations in a two page memo distributed to the
City Council prior to the meeting.
Mayor Taylor read excerpts from Mr. Lazzaretto's memo which summed up the reasons
for the staff recommendation to proceed with the project despite Mr. Flournoy's
concerns.
Councilmember Tran requested Mr. Lazzaretto's memo be included as part of the
official minutes record. (Note: The memo will be attached to the approved minutes).
Miriam Tu, residing at 2820 Allgeyer Avenue, El Monte, a bridge user and structural
engineer expressed support for the project.
COUNCILMEMBER TRAN MADE A MOTION, WITH A SECOND BY
COUNCILMEMBER IMPERIAL to accept all bids for the Garvey Avenue Bridge
reconstruction and award the project to Reyes Construction, Inc. in the amount of
$10,869,568.20; waive the irregularities in the bids by Steve P. Rados, Inc. and Griffith
Company; and authorize the Mayor to sign the contract on behalf of the City. Vote
resulted:
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Yes: Clark, Imperial, Nunez, Taylor, Tran
No: None
Absent: None
Abstain: None
Parking Violation Bail Increase
On November 14, 2006, staff was directed to bring back for City Council
consideration a new parking violation bail schedule which sets
Rosemead's fine for Yard Parking and Street Sweeping infractions at
$25.00, and also adjusts all other parking violation bail amounts to a level
equal with that of Los Angeles County.
In total, the City has eighty-three (83) parking violations bail amounts that
directly correlate with ordinances enforced by Los Angeles County in
neighboring unincorporated areas. Of those eighty-three parking
violations, only seven have a different bail amount, and four of the seven
have a difference of only $2.00. One of the seven has a bail amount that
is $10.00 more than Los Angeles County penalties, while the remaining
two are the Yard Parking and Street Sweeping penalties described above.
Recommendation: That the City Council approve Resolution No. 2006-
37, which would adjust the parking violation bail amount for Yard Parking
and Street Sweeping infractions to $25.00 and bring all other parking
violation bail amounts into alignment with Los Angeles County.
Councilmember Clark indicated she supported increasing the Yard Parking Fee
because that is something people should be aware is a violation. However,
Councilmember Clark expressed concern about the increase for a Street
Sweeping violation and felt only repeat offenders should be subjected to higher
fees.
COUNCILMEMBER CLARK MADE AN AMENDED MOTION, WITH A SECOND
BY COUNCILMEMBER TRAN to approve Resolution No. 2006-37, to adjust the
Yard Parking infraction to $25 and keep Street Sweeping infractions at $18 until
the City purchases software to allow repeat offender tracking and bring all other
parking violation bail amounts into alignment with Los Angeles County. Vote
resulted:
Yes: Clark, Imperial, Nunez, Taylor, Tran
No: None
Absent: None
Abstain: None
M. Professional Services Agreement: AB 939 Compliance Reporting
and Diversion Program Planning and Implementation Services for
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Fiscal Years 2006-07 through 2008-09
Agreement between the City and E. Tseng and Associates that will assist
the City in complying with the solid waste diversion requirements of AB
939. This will be a renewal of an existing agreement that has been in
effect since 2002. The consultant has worked for the City since 2000.
Recommendation: That the City Council approve the agreement with E.
Tseng and Associates for a period of three years.
Mayor Taylor asked this item is deferred until the next meeting so that the original
contract can be included which will allow the increase in fees to be differentiated.
Councilmember Clark requested staff reports included in Council packets be recycled
for use at the next meeting. Mayor Taylor agreed to the request.
N. Establishment of a Process for the Termination and Extension of
Nonconforming Uses
The City's zoning ordinance currently has provisions that allow for the City
to amortize out and terminate buildings and uses which do not conform
with zoning code designations. However, the City does not have a
process to allow property owners or business owners facing termination,
and closure, or removal, to appeal the decision in conformance with due
process principles of law.
Recommendation: That the City Council waive further reading and
introduce Ordinance No. 848, adding subsection L to section 17.12.060 of
the City's municipal code relating to the termination and extension of
nonconforming uses.
Mayor Taylor asked when to expect the General Plan with Zone changes
Planning Director Johnson indicated he was hoping to have the General Plan before the
City Council in March or April of 2007.
Mayor Taylor expressed apprehension about approving the Zone Change before
knowing the number of affected properties and their location.
City Attorney Wallin explained that the Ordinance establishes due process for those
properties that are already exhibiting nonconforming uses.
Councilmember Tran asked staff if they had a list of non-conforming properties.
Planning Director Johnson indicated that he did not have such a list.
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Councilmember Tran asked the item be deferred until March when the General Plan
amendment comes before Council.
Councilmember Imperial made a motion to defer the item until March.
City Attorney Wallin explained the current Ordinance would allow the City to safely deal
with problem properties that are a public nuisance/safety issues. He advocated the
Ordinance would provide property owners with a mechanism for due process.
Councilmember Clark clarified that the Council was not being asked to change existing
Ordinances at this time.
Director of Planning Johnson confirmed this and indicated proposed zone changes will
be put before Council in 6 months.
Councilmember Tran indicated he understood the intent, but pointed out that three
months is not that long to wait.
Councilmember Clark suggested the issue be brought back in January to give staff
additional time to research and perhaps reconfigure their request in a more defined
manner.
City Attorney Wallin pointed out the proposal merely establishes a procedure which
gives non-conforming property owners three years to amortize.
Mayor Pro Tern Nunez also supported deferring the item to January 2007 to give staff
additional time to research, because of the holidays.
4. MATTERS FROM MAYOR & CITY COUNCIL
A. Wal-Mart Garden Center Update
Mayor Taylor has requested a status update of the issuance of the final
certificate of occupancy for the Wal-Mart garden center structure.
Recommendation: That the City Council receive and file the information.
Director of Planning Johnson reported that no progress has been made on punchlist
items since agenda packets went out last week. He also referenced a memo indicating
that Wal-Mart is exempt from installing sprinklers in the Garden Center, but would install
them anyway, to meet a condition of approval.
Mayor Taylor expressed satisfaction that Wal-Mart had addressed the sprinkler issue in
the Garden Center.
B. Willdan Building & Safety Services Discussion
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At the last City Council Meeting, the Council requested that this item be
placed on the Agenda for discussion purposes.
Recommendation: That the City Council provide staff with direction
following the discussion.
Councilmember Tran raised concerns about the large portion of Building fees which are
remitted to Willdan. Currently Willdan receives about two-thirds of the fees generated
for plan checks and permit fees. Mr. Tran asked why additional money is remitted to
Willdan on top of the percentage fee.
Willdan employee, Jim Guerra explained that certain line items are not covered by fees.
For instance, complaints/investigations and the rehabilitation program for substandard
properties are billed separately.
Councilmember Tran received a complaint from a developer who indicated he had not
received an answer in 3 months after plans were submitted for review. Councilmember
Tran suggested the City should explore alternatives if prompt service is not given and if
the City is loosing money by remitting a large portion of fees to Willdan.
Mr. Guerra explained that Willdan tracks their plan check turn around time. On
average, the process takes about one to two days. Larger plans make take four to five
weeks for the first plan check. Occasionally the process takes long, but he indicated he
was not aware of any project that took three months to review.
Councilmember Tran requested staff investigate what other cities are providing in terms
of staff/service and the costs associated with those services.
Mayor Taylor initiated a discussion about the User Fee Study on the previous meeting
agenda. He expressed concern about using a formula for costs which is based on a
100% recovery of staff time used to facilitate the service.
City Manager Lazzaretto reminded the Council the item had been deferred at the last
meeting due to a number of problems and report discrepancies. Mr. Lazzretto indicated
the item would be brought back for the December 19, 2006 meeting, once the
discrepancies are resolved.
Mayor Taylor questioned some of the new proposed fees, such as a Temporary Use
Permits and Yard Sale Permits. He felt the proposed fees were too high in some
categories such as for Conditional Use Permits, Design Review, and Tract Map fees.
Mayor Taylor reminded staff of his direction, as reflected in previous minutes, which
specified that fees charged by five cities not employed by MuniFinancial be provided in
the report. In the last report provided Council, out of 595 possible entries only 111 were
entered; only 19% of fees were listed from comparison cities.
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Councilmember Imperial felt Willdan is doing a good job in most cases but felt the
proposed User Fees were out of line.
Councilmember Tran suggested the Council file the previous User Fee report and give
staff time to compile a comprehensive revised report.
Councilmember Clark commented that staff and Council are here to serve the people
and asked this not be forgotten when fees are considered.
Mayor Pro Tern Nunez asserted that the other Councilmembers were not fully able to
participate in the discussion because they did not have the User Fee report with them,
as it was not an agenda item. He suggested the discussion be tabled until the item is
official brought back before the Council. He also suggested Mayor Taylor ask staff
specific questions prior to the Council meeting, so they have adequate time to prepare
an answer. In addition, Mayor Pro Tern Nunez asked when the last fee increase took
place.
Mayor Taylor answered the last increase took place 15 years ago.
Mayor Pro Tern Nunez suggested a comparison between the consumer price index
between now and then and indicated that if prices had been increased in small
increments periodically, the proposed increase would be more palatable.
Councilmember Imperial asked staff come back with more reasonable fee increases.
Mayor Taylor made a motion to direct staff to compare fees from other jurisdictions such
as Temple City and San Gabriel.
Councilmember Tran pointed out that Willdan performs plan checks for San
Gabriel and their inclusion in the comparison would be a conflict of interest.
Mayor Taylor suggested the cities of Arcadia, Temple City, and Alhambra be compared.
City Manager Lazzaretto clarified Council staff requests:
1) Review the Building and Safety schedule and compare to surrounding
cities.
2) Revise the MuniFinancial report after a surrounding city comparison is
done with non-Willdan customers.
Councilmember Clark suggested the next version of the User Fee report be discussed
line by line at a Study Session she proposed take place prior to the Council meeting.
C. Property Maintenance Issues Concerning the Southwest Corner of
Temple City Boulevard and Valley Boulevard.
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After the last City Council meeting the property owner was contacted
regarding the maintenance issues and staff will provide an update to the
Council at their meeting.
Recommendation: That the City Council receive and file the information.
Brian Lewin, residing at 9501 E. Ralph Street, thanked staff for cleaning up the vacant
lot in response to his complaint. He suggested the City should perform similar
maintenance at other vacant lots within the City. For example, Mr. Lewin mentioned the
southeast corner of Rio Hondo and Valley where the lot fencing is in bad repair. He
commended Assistant City Manager Wagner for his assistance on this item and
throughout the years. Regarding Item L, Parking Violation Bail Increase, he concurred
with Councilmember Clark that a progressive bail schedule should be imposed for
repeat offenders.
Councilmember Clark thanked the Council for their support and announced she found
out on Saturday that she had enough votes to secure the Water Board appointment.
5. MATTERS FROM CITY MANAGER & STAFF
City Manager Lazzaretto publicly thanked Assistant City Manager Wagner again for his
service and quick reponse to clean up the vacant lot at Valley and Temple City Blvd.
6. ADJOURNMENT
Being no further action to be taken at this time, the meeting was adjourned at 9:55 PM.
The next regular meeting is scheduled for December 19, 2006 at 8:00 pm. This is the
only City Council meeting scheduled to take place during the month of December.
Respectfully submitted: APPROVED:
City Clerk
MAYOR
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