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CC - Item - Minutes 10-14-03 - BoxNOT O 7FICIAL UNTI ADOPTED BY THE MINUTES OF THE REGULAR MEETING ROSEMEAD ROSEMEAD CITY COUNCIL CITY COUNCIL OCTOBER 14, 2003 The regular meeting of the Rosemead City Council was called to order by Mayor Vasquez 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 Councilman Taylor. The Invocation was delivered by Reverend Frank Contreras of the Open Bible Church. ROLL CALL OF OFFICERS: Present: Councilmembers Alarcon, Imperial, Taylor, Mayor Pro Tern Clark, and Mayor Vasquez Absent: None APPROVAL OF MINUTES: OCTOBER 22, 2002 -REGULAR MEETING Councilman Taylor requested that these minutes be deferred for inclusion of his comments made during the public hearing for the adoption of the Los Angeles County Building Laws. There being no objection, the minutes were deferred. APPROVAL OF MINUTES: JULY 8, 2003 - REGULAR MEETING MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN IMPERIAL that the minutes of the regular meeting of July 8, 2003, be approved as submitted. Vote resulted: Yes: Alarcon, Clark, Imperial, Taylor, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. APPROVAL OF MINUTES: AUGUST 12, 2003 - REGULAR MEETING MOTION BY COUNCILMAN TAYLOR SECOND BY COUNCILMAN IMPERIAL that the minutes of the regular meeting of August 12, 2003, be approved as submitted. Vote resulted: Yes: Alarcon, Clark, Imperial, Taylor, Vasquez No: None Absent: None Abstain: None CCMIN:10-14-03 Page # I The Mayor declared said motion duly carried and so ordered. APPROVAL OF MINUTES: SEPTEMBER 23, 2003 - REGULAR MEETING MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMAN TAYLOR that the minutes of the regular meeting of September 25, 2003, be approved as submitted. Vote resulted: Yes: Alarcon, Clark, Imperial, Taylor, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. APPROVAL OF MINUTES: SEPTEMBER 25, 2003 - ADJOURNED REGULAR MEETING MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMAN ALARCON that the minutes of the adjourned regular meeting of September 23, 2003, be approved as submitted. Vote resulted: Yes: Alarcon, Clark, Imperial, Taylor, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Bill Crowe, City Manager, noted the corrections to tonight's agenda and that Item CC-G Request for Red Curb on Emerson Place Over the Alhambra Wash Bridge is being pulled. Councilman Taylor asked if the bridge will also be red curbed since a "No Parking On Bridge" sign will be posted. Mr. Crowe replied that staff will look into the matter. PRESENTATIONS: The Council presented a proclamation to Emily Mayorga, District Director of the Soroptomist International of the Americas - Camino Real Region declaring October as "Breast Cancer Awareness and End Domestic Violence Month". Ms. Mayorga thanked the Council for the proclamation and hoped that the City will continue to be a part of this historical project throughout the year. CCMIN:1044-03 Page #2 The Council presented a proclamation to out-going Planning Commissioner Bill Ortiz for his many years of service of the Commission. Mr. Ortiz thanked the Council for the proclamation and stated that he is sorry to be leaving the area. 1. ORAL COMMUNICATIONS FROM THE AUDIENCE Juan Nunez, 2702 Del Mar, Rosemead, stated that the wash next to the Garvey Community Center has improved since removal of the dead trees. H. PUBLIC HEARINGS An explanation of the procedures for the conduct of the public hearing was presented by the City Attorney. A. PUBLIC HEARING - MUNICIPAL CODE AMENDMENT 03-02 AMENDING THE ROSEMEAD MUNICIPAL CODE ADDING SECTION 16.04.025 PERTAINING TO LOT LINE ADJUSTMENTS The Mayor opened the public hearing for those in the audience wishing to speak for or against this item. Juan Nunez, 2702 Del Mar, Rosemead, asked if this item involves zero lot lines? Mr. Crowe replied that it did not. Henry Hanks, member of the Board of Realtors of the West San Gabriel Valley, asked if the lot line adjustment would be making one lot out of two lots? Brad Johnson, Planning Director, replied that it would be a merging of four or less parcels. Councilman Taylor further clarified that the adjustment would not be increasing lots. Mr. Taylor pointed out that four or less parcels can now become one parcel without paying an increase in fees. There being no one else wishing to speak, the Mayor closed the public hearing. MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN IMPERIAL that the Council waive further reading and introduce Ordinance No. 827. Vote resulted: Yes: Alarcdn, Clark, Vasquez, Taylor, Imperial No: None Absent: None Abstain: None CCMIN:10-14-03 Page #3 The Mayor declared said motion duly carried and so ordered. B. PUBLIC HEARING - GENERAL PLAN AMENDMENT 03-01 AND ZONE CHANGE 03-216 CHANGING THE EXISTING LAND USE DESIGNATION FROM COMMERCIAL TO LOW DENSITY RESIDENTIAL AND THE EXISTING ZONING DISTRICT OF CDB (CENTRAL BUSINESS DISTRICT TO R-1 (SINGLE FAMILY RESIDENTIAL) Bill Crowe, City Manager, presented the staff report. The Mayor opened the public hearing for those in the audience wishing to speak for or against this item. Lou Schweiner, 1121 Oakwood Drive, Arcadia, attorney representing Intertrust Development and its partner, Mark Chen, owner of 9203 Steele and adjacent commercial properties on Valley Boulevard, stated that Interstate Development has tried several times through the years to effect a zone change to expand the commercial area with a parking lot, but was rejected due to strong local neighborhood opposition. Since then, Mr. Schweiner continued, Intertrust Development has attempted to sell the property but has encountered difficulty because the buyers are unable to secure financing because of the non-conforming property and the problems potentially encountered in the event of structural damage due to fire or any other catastrophe. Mr. Schweiner stated that he delivered a two-page written Consent to Re- Zone, signed by the five property owners subject to tonight's changes and signatures of the nine adjacent property owners. Mr. Schweiner urged the City Council to approve the recommendation of the Planning Commission. Tu Vuong, 9241 Steele Street, Rosemead, property owner, stated that he hopes the Council will approve the zone change as the area is totally residential. Annette Ankele, 3928 Hart Avenue, Rosemead, property owner, stated that she is in favor of the zone change from commercial to residential. Ms. Ankele explained that her family was involved in the opposition to a parking lot considered at that commercial property in 1991. Ken Pike, 1920 Steele Street, Rosemead, stated that historically, strip zoning in Rosemead dates back to 1920, but it has outlived its usefulness due to the development of large shopping centers. Mr. Pike continued that Rosemead has had to create depth for their commercial properties in order to make it a viable shopping area. Mr. Pike stated that the cities of Alhambra and Arcadia have added depth to their lots to enable more parking areas. Room has to be made for development. Mr. Pike continued that parking lots facing residential areas can be walled and landscaped to make them more attractive. Mr. Pike cautioned that if the Council continues to keep commercial areas small or strip zoned as in the 1920's, it will discourage revenue producing businesses to locate here. If the City continues to shrink our commercial areas, sales tax dollars will go to other cities. CCMIN:10-14-03 Page a4 Ms. Ankele stated that as a long-time resident of Rosemead, she has seen the City grow and prosper. Ms. Ankele stated that Mr. Pike is referring to his own best interest as he owns the business on the corner of Valley and Hart. Ms. Ankele continued that she and her neighbors love their community and asked that the Council consider the residents request, and to leave the businesses on Valley Boulevard. Councilman Imperial stated that commercial properties should not intrude on residential areas. There being no one else wishing to speak, the Mayor closed the public hearing. MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN IMPERIAL to approve the General Plan Amendment. Before vote could result, more discussion ensued. Mayor Pro Tern Clark stated that this is a difficult decision for her. Mrs. Clark stated that not changing the area to residential will result in the owners not being able to maintain and improve their properties, potentially causing a blighted situation. Mrs. Clark agreed that Rosemead needs more commercial areas. However, there are other sites in the City sitting vacant which can be developed, i.e., Temple City and Valley. Mrs. Clark explained that when she sat on the Planning Commission in 1991, she made the motion for that area to remain residential and to not expand that commercial area. To remain consistent and considering what we are facing from the State regarding potential mandates to provide more housing, she agrees with tonight's item. Councilman Taylor clarified his motion. MOTION BY COUNCILMAN TAYLOR TO ADOPT RESOLUTION NO. 2003-37, APPROVING THE GENERAL PLAN AMENDMENT 03-01, AMENDING THE ROSEMEAD GENERAL PLAN LAND USE DESIGNATION FROM "COMMERCIAL" TO "LOW DENSITY RESIDENTIAL"; AND ADOPT A NEGATIVE DECLARATION FINDING THAT THIS PROJECT WILL NOT HAVE ANY ADVERSE EFFECTS ON THE ENVIRONMENT. Vote resulted: Yes: Alarcon, Clark, Vasquez, Taylor, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN IMPERIAL that the Council waive further reading and introduce Ordinance 828. Vote resulted: Yes: Alarcon, Clark, Vasquez, Taylor, Imperial No: None Absent: None Abstain: None CCMIN:10-14-03 Page #5 The Mayor declared said motion duly carried and so ordered. III. LEGISLATIVE A. RESOLUTION NO. 2003-36 - CLAIMS AND DEMANDS The following Resolution was presented to the Council for adoption. RESOLUTION NO. 2003-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,250,522.96 NUMBERED 42885 THROUGH 43095 MOTION BY COUNCILMAN IMPERIAL, SECOND MAYOR PRO TEM CLARK that the Council adopt Resolution No. 2003-36. Vote resulted: Yes: Alarcon, Clark, Imperial, Taylor, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Taylor requested the report prepared by Goldstein Kennedy & Petito, Check No. 42888, in the amount of $16,485.00. RESOLUTION NO. 2003-38 - APPROVING SUPPLEMENTAL AGREEMENT TO AGENCY-STATE MASTER AGREEMENT NO. 07-5358 The following resolution was presented to the Council for adoption: RESOLUTION NO. 2003-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING SUPPLEMENTAL AGREEMENT NO. 003-M TO ADMINISTERING AGENCY-STATE MASTER AGREEMENT NO. 07-5358 MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN IMPERIAL that the Council adopt Resolution No. 2003-38. Vote resulted: Yes: Alarcon, Clark, Vasquez, Taylor, Imperial No: None Absent: None Abstain: None CCMIN:10-14-03 Page #6 The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR CC-A AUTHORIZATION FOR STAR DEPUTIES TO ATTEND 39Tn ANNUAL CALIFORNIA NARCOTICS OFFICERS ASSOCIATION TRAINING INSTITUTE AND LAW ENFORCEMENT EQUIPMENT EXPOSITION CC-B APPROVAL OF UNDERTAKING AGREEMENT FOR PARCEL MAP 26494 - 3877 EARLE AVENUE CC-C APPROVAL OF UNDERTAKING AGREEMENT FOR PARCEL MAP 26652 - 3436 BURTON AVENUE CC-D ACCEPTANCE OF BIDS AND AWARD OF CONTRACT FOR CONCRETE REPAIRS AT VARIOUS LOCATIONS AND CHARLOTTE AVENUE TREE REPLACEMENT CC-E AUTHORIZATION TO ATTEND THE CITY CLERKS NEW LAW AND ELECTION SEMINAR - MONTEREY, DECEMBER 10-12,2003 CC-F AUTHORIZATION TO REJECT CLAIM AGAINST THE CITY FROM MARIA LUISA SANTOS MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN IMPERIAL that the Council approve the aforementioned items on the Consent Calendar. Vote resulted: Yes: Alarcon, Clark, Vasquez, Taylor, Imperial No: None Abstain: None Absent: None The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION AND ACTION - None A. REVOCATION OF BUSINESS LICENSE - ROSE ROOM, 8772 VALLEY BOULEVARD Cary Reisman, City Prosecutor, stated that there was a new development late this afternoon in the Rose Room case. Mr. Reisman stated that the holder of the ABC License has filed a voluntary surrender with the State ABC this afternoon. Mr. Reisman explained that technically the business license is still subject to revocation as a result of the violations. The attorney for the Da Du Corporation will address the Council. CCMIN:10-14-03 Page a7 Dean Kayes, 1100 S. San Gabriel, San Gabriel, attorney for the Da Du Corporation, stated that the principal problems the owners have encountered with the operation of the restaurant deals with the nightclub portion and not the restaurant itself. Mr. Kayes continued that the ownership has determined and taken action today to close the nightclub operation permanently and has laid off all of the staff related to the club, leaving only the security guards. The owners have entered into a voluntary agreement with ABC to suspend its alcohol license and will no longer be serving alcoholic beverages at the restaurant. Councilman Taylor requested clarification on the suspension of the license. Mr. Kayes replied that there is a provision where the owners will be allowed to retain the license itself and can be applied to a different location under separately approved circumstances. However, they have agreed that they will no longer be serving alcoholic beverages as part of the Rose Room Restaurant. Councilman Taylor confirmed that the owners could come back and apply again. Mr. Kayes stated that the ownership has committed to concentrate on the restaurant only, with full compliance of the permitted use of the food service operation. Mr. Kayes continued that if the Rose Room is allowed to operate as a restaurant only it can be a positive contribution to the community. Mr. Kayes stated that the heightened security associated with the nightclub will no longer be necessary, the metal detectors can be removed, the No Smoking policy can be enforced more easily, and the restaurant will have enhanced lighting. Mr. Kayes asked the Council to consider the fact that the owners are addressing the cause of the problems and not just the symptoms that were creating the deficiencies and to allow the restaurant to go forward as a food service operation without any alcoholic beverages being served. Mr. Kayes continued that he has discussed with the City a revocation of the Conditional Use Permit. Councilman Taylor asked whether there would then be a CUP. Mr. Kayes explained that the CUP only addressed the nightclub operation and the alcoholic beverage service that will no longer be required for the continuing operation of the restaurant itself. Councilman Taylor confirmed that there is no CUP then. Mr. Kayes stated that an arrangement has been worked out with staff. Mr. Reisman clarified that a restaurant does not need a CUP if they are not serving alcohol. Mr. Reisman stated that while the Council has not agreed to any of the discussion or recommendations, the parameters of the City's tentative agreement and recommendation would include continuing this matter until the next regular Council meeting and preparation of a second amended final last chance agreement. The amended final last chance agreement would include that there be no alcohol on the premises sold, stored or served. The dance permit and entertainment permit and the CUP to serve alcohol would be surrendered, that there be No Smoking on the premises, and the parking lot would continue to be monitored. Mr. Reisman continued that the stipulation would provide that the City has sufficient grounds CCMIN:10-14-03 Page a8 to revoke the business license based on the matters as set forth in the staff report. Mr. Reisman added that the dance floor would need to be removed, as well as all vestiges of the nightclub, and the lighting would have to be brought up to restaurant type lighting. Mr. Reisman stated that in the event that new problems develop, the City will have the last chance agreement and the ability to revoke their license, possibly with a hearing before the Hearing Officer and a follow-up report to the Council. Mr. Reisman stated that based upon these new developments and the resolution of the alcohol problems at the Rose Room, he recommends that this matter be continued to the next regular meeting and that staff be instructed to negotiate a second and final last chance agreement with the operators of the Rose Room. Councilman Taylor asked Mr. Reisman if he has had preliminary discussions with the owners. Mr. Reisman replied that he spoke with Mr. Kayes just before the meeting tonight and that all agreements and conditions will be worked out and in writing. Mayor Pro Tem Clark clarified that the no alcohol includes no beer or wine. Mr. Reisman replied no alcohol will be allowed. Councilman Imperial stated that he has heard these types of promises before from other problematic nightclubs and the owners do not live up to them. Mr. Imperial stated that he favors revoking the Rose Room's business license. Peter Wallin, City Attorney explained that the Council can decide whether to continue this item for one month, or proceed with the hearing. Councilman Taylor stated he would like to see a good operating business, but their record has been questionable on how it was monitored. Mr. Taylor continued that in reviewing the 20 or so calls to the Sheriffs from the nightclub, some calls were made by the owner. In some cases, the owner cannot control the clientele that comes in. Mr. Taylor suggested that this item be continued for one month to see what can be worked out. Councilman Imperial requested a 5-minute recess and to continue discussing this item when the Council reconvenes. A five-minute recess was taken at 9:20 p.m. and reconvened accordingly. Mr. Reisman recommended that the matter be continued another 30 days and that staff be instructed to negotiate an agreement with the operators of the Rose Room to ensure that alcohol would not be served, the CUP would be surrendered, and that other problematic violations would not recur. Councilman Imperial stated that he would be willing to consider the City Prosecutor's recommendation. CCMIN:10-14-03 Page a9 MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMAN ALARCON that the hearing be continued to the November 25, 2003 Council meeting. Vote resulted: Yes: Alarcon, Clark, Vasquez, Taylor, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Mr. Reisman stated that he will request the Sheriff's to spot check the area in the meantime. B. PLANNING COMMISSION VACANCY Mayor Pro Tern Clark stated the Council interviewed some very good applicants and that she would like to make a motion for appointment to both vacancies (Planning and Traffic Commissions). MOTION BY MAYOR PRO TEM CLARK, SECOND BY COUNCILMAN ALARCON that the Council appoint Daniel Lopez to the Planning Commission and Michael Benjamin to the Traffic Commission. Before vote could result, more discussion ensued. Councilman Imperial stated that he was impressed by Michael Benjamin and would like to see him serve on the Planning Commission rather than the Traffic Commission. Mr. Imperial stated that he feels Mr. Benjamin is very qualified and to consider those qualities rather than the length of time he has lived in the community. Mayor Pro Tern Clark stated that Daniel Lopez has lived in the City for 28 years and that serving on the Traffic Commission is an excellent way of learning about the City. Mrs. Clark stated that she stands by her motion. Councilman Taylor recommended that the item be bifurcated. MOTION BY MAYOR PRO TEM CLARK, SECOND BY COUNCILMAN ALARCON that the Council appoint Daniel Lopez to the Planning Commission. This term will expire in May 2005. Vote resulted: Yes: Alarcon, Clark, Vasquez, Taylor No: Imperial Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CCMIN:10-14-03 Page # 10 MOTION BY MAYOR PRO TEM CLARK, SECOND BY COUNCILMAN ALARCON that the Council appoint Michael Benjamin to the Traffic Commission. His commission will expire in October 2005. Vote resulted: Yes: Alarcon, Clark, Vasquez, Taylor, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Imperial stated that both appointees are qualified and that the prior discussion involved a difference of opinion, not qualifications. Councilman Alarcon stated that from his perspective in the business field, if both candidates are equally qualified, then he would favor promoting from within, or in this case, appointing a long-term resident. VI. STATUS REPORTS - None VII. MATTERS FROM OFFICIALS Councilman Imperial stated that there is an increase of body treatment shops in the City. Mr. Imperial requested that staff look into this issue and report back at the next meeting. VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE Juan Nunez, 2702 Del Mar, Rosemead, referring to State mandated housing, noted that homes are being built up and down the State and even in the desert areas such as New Mexico. Mr. Nunez equated the increase in homes being built to land management of cattle. The land can only feed so much cattle and no more. IX. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 9:45 p.m. The next regular meeting will be held on Tuesday, October 28, 2003, at 8:00 p.m. Respectfully submitted: City Clerk APPROVED: MAYOR CCMIN:10-14-03 Page # I I