CC - Vacate A Portion Of Alley North Of Garvey Ave (Del Mar Ave and Southwest Of Del Mar Ave) Resolution 2002-12RESOLUTION NO. 2002-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
DECLARING ITS INTENTION TO VACATE A PORTION OF ALLEY
NORTH OF GARVEY AVENUE (DEL MAR AVENUE/196.46 FEET WEST
SOUTHWEST OF DEL MAR AVENUE) AND SETTING A PUBLIC
HEARING ON THE PROPOSED VACATION
Juan Nunez, 2702 Del Mar, Rosemead, asked if the Auto Auction is asking for this
vacation.
Mr. Nunez was assured that this alley vacation has nothing to do with the Auto Auction.
MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM
BRUESCH that the Council adopt Resolution No. 2002-12 declaring its intention to vacate a
portion of alley north of Garvey Avenue between Del Mar Avenue and 196.46 feet southwest of
Del Mar Avenue. Before vote could result, more discussion ensued.
Councilman Taylor asked why the City is not vacating the other half of the alley between
the two residential homes? Mr. Taylor stated that he would like the abandonment to include both
ends of the alley.
Ken Rukavina, City Engineer, stated that he excluded the other residential properties as
various properties are landscaped. Fence lines would have to be moved because property lines
would shift.
Councilman Taylor stated that since the City is giving 10' to the developer on the other
side of the alley, why not clean-up this area and give 10' to the homeowners on this side. The
City does not need a property that is dead-ended.
Mr. Rukavina stated that if the City did that, the property line would shift to the middle of
the 10' area causing the fence line to shift toward the white house in the photo.
Frank Tripepi, City Manager, stated that the property owners could be approached to
ascertain if they are interested in taking the property.
Mayor Pro Tern Bruesch added that this would be the only section of the alley not
vacated. Mr. Bruesch stated that it be given to the homeowners, at no cost to the City.
Councilmember Clark requested clarification on the property lines and asked if the
alleyway is where the fences in photograph are.
Mr. Rukavina explained that a portion of the alleyway is closer to the house.
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Councilmember Clark verified that the property owner presently has grass growing on
City property. Ms. Clark stated that by vacating the alleyway, it would be putting more of a
burden on the property owner by having to move their fence.
Councilman Taylor stated that the property owners will acquire the additional property
and if the owners can move their fences if they so choose.
Mr. Tripepi stated that the easement would still have to be retained.
Ken Rukavina explained that L.A. County Flood Control requires that the City hold the
easement for drainage purposes. Mr. Rukavina stated that the County often allows building over
a storm drain. The City would not own jurisdiction over the storm drain, but the County would
have easement rights over it.
Councilman Taylor stated then that no action be taken tonight pending what the
developer plans for those lots.
Mr. Rukavina explained that the developer wants to acquire the four parcels, three on the
south side of the alley and one on the north side.
Councilman Taylor stated that he is in favor of consolidating those small dilapidated
parcels. Mr. Taylor continued that in that case, he is in favor of continuing with this item
tonight.
Councilmember Clark asked if the developer is going to build over that portion?
Mr. Rukavina replied no. The developer's intent is to consolidate all four parcels into
one parcel. Mr. Rukavina continued that the developer is planning to build on the southern half
nearly up to the storm drain and the north side would consist of parking.
Councilmember Clark verified that the storm drain would continue to exist.
Mr. Rukavina stated that the developer wants the vacation in order to consolidate those
parcels into one piece of property, and cannot do that if the parcels are bisected by a public-right-
of-way. Mr. Rukavina confirmed that the storm drain is underneath the concrete swale.
Councilman Taylor stated that his Motion still stands as originally made.
Vote resulted:
Yes:
Bruesch, Taylor, Imperial, Clark, Vasquez
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
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IV. CONSENT CALENDAR (Item CC-C was removed for discussion purposes)
A. AUTHORIZATION TO REJECT CLAIMS,AGAINST THE CITY FROM
CATHERINE AND LAWRENCE PANARELLI
B. AUTHORIZATION TO REJECT CLAIMS AGAINST THE CITY FROM
HONG BUM CHOI AND KIE SOK CHOI
Councilman Taylor referring to CC-B, asked why the claim is filed against the City when
it was the Gas Company that was doing the work.
Nancy Valderrama, City Clerk, replied that the attorney representing the claimants was
informed of that fact but insisted on filing a claim against the City nevertheless. The claim was
sent to the City's adjuster Carl Warren & Company who recommended rejection of the claim and
will ultimately tender the claim over to the Gas Company.
Councilmember Clark requested an explanation from the City Attorney on the standard
procedure of claims filed.
Robert Kress, City Attorney, explained that the City is part of the Joint Powers Insurance
Authority pool. Claims are typically referred to the City's adjuster, Carl Warren & Company,
and they routinely recommend rejection. Mr. Kress stated that this does not indicate that the
matter will not be settled in a future time. However, it does set up time parameters on the statute
of limitations in which to file a claim.
MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM
BRUESCH that the Council approve the aforementioned items on the Consent Calendar. Vote
resulted:
Yes:
Bruesch, Taylor, Imperial, Clark, Vasquez
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
CC-C APPROVAL OF PROPOSAL TO PROVIDE ENGINEERING SERVICES
FOR TRAFFIC SIGNAL MODIFICATIONS AT WALNUT GROVE
AVENUE AND HELLMAN AVENUE/RAMONA BOULEVARD AND
INSTALLATION OF TRAFFIC SIGNAL AT HELLMAN AVENUE/1-
10/ON-OFF RAMP
Juan Nunez, 2702 Del Mar, Rosemead, asked if the City is going to purchase the Cal
Trans maintenance yard property.
Mr. Nunez was informed that Cal Trans is not selling that property.
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Councilman Taylor asked if the No Right Turn on Red would remain at southbound
Walnut Grove and Hellman?
Joanne Itagaki, Traffic Engineer, will check to assure that it remains.
MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM
BRUESCH that the Council approve the engineering proposal and direct staff to begin the
preparation of the necessary plans and specifications. Vote resulted:
Yes:
Bruesch, Taylor, Imperial, Clark, Vasquez
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
V. MATTERS FOR DISCUSSION AND ACTION - None
VI. STATUS REPORTS - None
VII. ORAL COMMUNICATIONS FROM THE AUDIENCE - None
IX. ADJOURNMENT
There being no further action to be taken at this time, the meeting was adjourned at 8:40
p.m. in memory of Charles Bruesch, Mayor Pro Tern Robert Bruesch's father, and in memory of
Daniel Pearl, Wall Street news journalist murdered by Pakistani terrorists.
Respectfully submitted:
City Clerk
APPROVED:
MAYOR
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