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CC - 04-08-97i MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL APRIL 8, 1997 APPROVED CITY OF .OSE EAD DATE S ~ 3 , r---~ BY The regular meeting of the Rosemead City Council was called to order by Mayor Imperial 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 Councilmember Vasquez The Invocation was delivered by Pastor Charlie Corum of the Olive Branch Outreach Church ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Taylor, Vasquez, Mayor Pro Tern Bruesch, and Mayor Imperial Absent: None APPROVAL OF MINUTES: FEBRUARY 11, 1997 - REGULAR MEETING MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER TAYLOR, that the Minutes of the Regular Meeting of February 11, 1997, be approved as corrected. Vote resulted: Yes: Vasquez, Taylor, Clark, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. PRESENTATIONS: - None 1. ORAL COMMUNICATIONS FROM THE AUDIENCE - None H. PUBLIC HEARINGS An explanation of the procedures for the conduct of the public hearing was presented by the City Attorney. A. PUBLIC HEARING - METRICOM NON-EXCLUSIVE ATTACHMENT AGREEMENT The City Manager presented the staff report. The Mayor opened the public hearing for any comments for or against this item. Joe Milone, Metricom, 27401 Los Altos, Mission Viejo, was present to answer any questions. There being no one else wishing to speak, the public hearing was closed. Mayor Pro Tem Bruesch asked if a child could use this technology to by-pass Metricom's network in order to access the Internet or other applications. CC 4/8/97 Page 91 • 0 Mr. Milone responded that they could not, that they are basically a conduit which provides a method for the computer to communicate with the Internet, and that the v-chip or software used for Internet would remain intact as far as limiting accessibility. Councilmember Taylor asked Mr. Milone if any other cities in Southern California have this in operation. Mr. Milone responded that Metricom is in the process of gathering approvals from all of the cities in order to have blanket coverage of the area and they have 55 approvals so far in the Los Angeles area. Mr. Milone explained that there is a test program in place with the Los Angeles Police Department and IBM, whereby IBM is providing lap top computers for the patrol units. Mr. Milone continued that Metricom is the technology that enables them to communicate from the field to the home office. Councilmember Taylor asked if this would cause any interference or static with other electronic devices. Mr. Milone responded that Metricom is a Part 15 Device and not allowed to cause harmful interference among any licensed spectrum apparatus, such as police frequencies, cellular companies, and paging companies. Mr. Milone explained that they are low powered and their frequency range will not interfere with televisions, radios or those apparatuses with higher band widths. Mr. Milone stated that should there be any interference with any City equipment on a pole, their radios will be relocated. MOTION BY MAYOR PRO TEM BRUESCH; SECOND BY COUNCILMEMBER VASQUEZ that the Council approve the Franchise Agreement with Metricom Inc. Vote resulted: Yes: Vasquez, Taylor, Imperial, Bruesch, Clark No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. B. PUBLIC HEARING REGARDING THE PROPOSED CDBG AND HOME ALLOCATION FOR FY 1997-98 Frank Tripepi, City Manager presented the staff report. The Mayor opened the public hearing for any comments for or against this item. There being no one in the audience wishing to comment, the Mayor closed the public hearing. Mayor Pro Tern Bruesch requested an update on the security bars compliance program recently completed by the Building Department. Mr. Bruesch asked if the Fair Housing Council was funded. Lisa Baker, CDBG Coordinator, responded that $20,000 is proposed for Fair Housing. Mayor Pro Tern Bruesch asked if the 15% HOME set aside amount can be used for senior housing and what are the time frames. Ms. Baker responded that it has to go to a community housing development organization (chdo), that is non-profit and has to be used within two years. Ms. Baker added that such a project can be searched for or developed for those funds. CC 4/8/97 Page #2 • i Mayor Pro Tem Bruesch requested a memo on those efforts. Mr. Bruesch noted that Adams Ranch Water Company is receiving funds and stated that another water company used by residents needs assistance also with increasing their water pressure. Councilmember Taylor asked why Fair Housing Council is receiving an increase of $5,000. Ms. Baker responded that Fair Housing was budgeted at $20,000 last year, but due to problems with the first Fair Housing provider that contract was cancelled after the beginning of the fiscal year and the new provider only provided 10 months of minimal service at $12,500, therefore, the reduced rate. Ms. Baker stated that Fair Housing is not proposing an increase, however, they will increase service at the same rate. MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER CLARK that the Council approve the City's proposed CDBG and HOME program and the projected use of funds for FY 1997-98 and authorize staff to include this in the Annual Funding Plan; approve and designate the funding for public service agencies for FY 1997-98, including the $5,506 in discretionary funding, and authorize staff to include this in the annual funding; and authorize the City Manager, or designee, to act as the official representative of the City to submit the Annual Funding Plan, and all understanding and assurances contained therein, and direct and authorize the City Manager, or designee, to act in connection with the submission of the Annual Plan and to provide such additional information as may be required. Vote resulted: Yes: Vasquez, Taylor, Imperial, Bruesch, Clark No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered.. At this point Mayor Imperial introduced former Mayor and Councilmember Roberta Trujillo. III. LEGISLATIVE A. RESOLUTION NO. 97-14 - CLAIMS AND DEMANDS The following Resolution was presented to the Council for adoption. RESOLUTION NO. 97 - 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $964,149.00 NUMBERED 19569 THROUGH 19713. Councilmember Taylor requested an explanation for check No. 19592 for Sarah Flores Retirement in the amount of $125.00. MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER CLARK that the Council adopt Resolution No. 97-14. 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 4/8/97 Page #3 IV. CONSENT CALENDAR CC-A APPROVAL OF AGREEMENT FOR SUMMER YOUTH LUNCH PROGRAM CC-B RELEASE OF BONDS - TM 51544; 8448 MISSION DRIVE CC-C ACCEPTANCE OF BIDS AND AWARD OF CONTRACT - EMULSION SLURRY SEAL ON VARIOUS STREETS, FY 1996-97; PROJECT NO. 97- 01 CC-D ACCEPTANCE OF WORK FOR CITY HALL ROOF COVERING PROJECT CC-E COOPERATIVE AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND CLATRANS FOR THE MISSION DRIVE AND ROSEMEAD BOULEVARD TRAFFIC SIGNAL MODIFICATION PROJECT CC-H AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES EXECUTIVE ACADEMY, SACRAMENTO, APRIL 30, 1997. CC-I CONSIDERATION OF PROPOSAL FROM HDL COMPANIES TP PROVIDE BUSINESS LICENSE SOFTWARE AND SERVICES CC-J SB 1310 (CALDERON) - ADULT ENTERTAINMENT TAX - SUPPORT MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER TAYLOR that the Council approve the aforementioned items. Vote resulted: Yes: Vasquez, Imperial, Bruesch, Clark No: None Absent: None Abstain: Taylor The Mayor declared said motion duly carried and so ordered. CC-F APPROVAL OF LORICA STREET CUL-DE-SAC DESIGN Councilmember Bruesch asked what is the width of the standard radius on a cul-de-sac and what type of parking restriction would be implemented. Fred Wickman, City Engineer, responded that the standard radius is 32' and No Parking restriction will be placed at the end of the cul-de-sac because of the small turning radius. MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER CLARK that the Council direct staff to obtain the necessary documents for the dedication of the 25 feet from the remaining property owner and proceed with the substandard cul-de-sac alignment; and that staff prepare the necessary documents to establish the ultimate right-of-way requirements for Lorica Street for Council consideration. Vote resulted: Yes: Vasquez, Taylor, Imperial, Bruesch, Clark No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC 4/8/97 Page #4 • 0 CC-G REQUEST FOR PARKING RESTRICTIONS AT 8924 E. GARVEY AVENUE Mayor Pro Tem Bruesch stated that the poultry market parking lot needs to be cleaned as it is littered with feathers, wooden crates, etc., and noted that the access gate to the Water Auto Shop on Stingle is locked, preventing customers from entering that way. Helena Shui, 8924 Garvey Avenue, Rosemead, owner of Water Auto Shop, responded that the gate on Stingle is locked due to thefts in the past and with only two employees, they cannot keep a constant watch on that area. Councilmember Taylor requested that the curbs at the fire hydrant area on the comer be red curbed in an effort to prevent cars from parking there. MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER TAYLOR that the Council approve the installation of "No Parking Saturday and Sunday, 6:00 a.m. to 6:00 p.m." signs at 8924 E. Garvey Avenue and red curb the area in front of the fire hydrant. Vote resulted: Yes: Vasquez, Taylor, Imperial, Bruesch, Clark No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Robert Angles, 9147 Valley Boulevard, requested information on CC-I and CC-J. Frank Tripepi, City Manager, responded to CC-I and stated that the company that provided the City with business license computer services has gone out of business and the company that currently assists the City with developing the business license list has a software program that would allow us to do this inhouse. Mr. Tripepi, in responding to CC-J, explained that this bill will include a 5% adult entertainment tax on the sale or rental of pornographic material, and that part of the revenue derived from that tax would go to battered women's shelters, spousal abuse centers, and rape crisis centers. V. MATTERS FOR DISCUSSION AND ACTION - None A. PRELIMINARY VALLEY BOULEVARD TREE PLANTING CONCEPTS Councilmember Vasquez stated his concern that the selection of trees along Valley Boulevard will cover business signs and that upon observation of other businesses that do not have trees planted at their locations still looked attractive with plantings of flowers and small shrubs. Councilmember Taylor stated that he has received complaints about the eucalyptus trees covering signs and favors the palm trees as their trunks are slender and would not interfere with business signs. Frank Tripepi, City Manager, stated that other cities have installed built in permanent potted plant areas next to sidewalks that are irrigated from underneath allowing the plantings of annuals and/or various colors. Mr. Tripepi explained that doing this would not involve expending additional funds as the City is already paying the landscaping contractor to maintain this area of Valley Boulevard. CC 4/8/97 Page #5 • • Councilmember Clark stated that she favors the existing eucalyptus trees and does not want them removed. Mrs. Clark stated that the intent is to beautify the streets of Rosemead - not to have stark buildings. Councilmember Taylor stated that he favors some type of coverage and in comparing the four streetscape concepts for Valley Boulevard, the palm trees furnish a green atmosphere with fronds above the businesses and, generally, do not block business signs, whereas the sweetshade trees will block signs and the small trees streetscape will leave the area looking stark. Councilmember Clark stated that the existing eucalyptus trees, according to the streetscape concept, do not look as though they are blocking business signs. Councilmember Taylor stated that a few years ago trees were smaller, and he has received complaints also about the mess created by the dropping leaves. Zak Zakarian, 9207 E. Valley Boulevard, Rosemead, stated that the eucalyptus trees are raising the sidewalks. Mayor Pro Tem Bruesch stated that the trees selected will have a deep watering system to allow roots to grow down and also root guards will be installed to prevent roots from coming up to the sidewalks. Mr. Bruesch continued that he favors trees, especially in the summer for their shade to walk or park under, and that there are long leafed, drought resistant shrubbery that do not collect trash that can placed in the planter area. There being no objection, this item was deferred the next meeting. VI. STATUS REPORTS - None VII. MATTERS FROM OFFICIALS A. MAYOR'S COMMITTEE APPOINTMENTS FOR 1997-98 This item required no action. B. MAYOR PRO TEM BRUESCH Requested an update on the status of Howard's Appliance move to Rosemead. 2. Requested that the Request From the Greater San Gabriel Valley Community Development Corporation for a One Time Funding Grant item that was deferred on February 11, 1997, be placed back on the agenda in the future. C. COUNCILMEMBER TAYLOR Requested clarification regarding Del Mar Avenue undergrounding of utilities and asked that once the undergrounding is completed what is the potential of having to rework that street when the street is widened to 80'. Fred Wickman, City Engineer, responded that possibly some of the SCE vaults that are in the parkway may be affected. Mr. Taylor requested for the record that he wants one set of plans to show what is existing and the other set to show what the future plans are as a comparison to see what needs to be done in order to avoid having to pay to redo it in the future. Mr. Wickman explained that final plans have not been received from SCE yet. Mr. Taylor stated that the project will cost over $5 million to underground the utilities and does not want to have to expend additional funds to have to redo the street. CC 4/8/97 Page #6 D. COUNCILMEMBER CLARK Stated her concern that because of the Prop. 218, the ratification of the formation of the Fire Assessment District will be on the June 6th ballot, and should it not pass, then at least 20 fire stations will have to close. Mrs. Clark asked how much the City can become legally involved in educating the public that they are not voting for a new tax, but a continuum of what currently is in place. Robert Kress, City Attorney, stated that he will provide Mrs. Clark a memo. VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE - None IX. CLOSED SESSION A. The Council recessed to a Closed Session at 8:55 p.m. for the following purpose: APPROVAL OF SETTLEMENT AGREEMENT WITH THE PLAINTIFFS IN THE ABALO (011 4) AND ARVISO (011 5 LITIGATION). The Council reconvened at 8:56 p.m. Robert Kress, City Attorney, stated that the Council met in a Closed Session for the purposes as stated on the Agenda and approved a settlement agreement with the plaintiffs. X. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 8:57 p.m. The next regular meeting will be held on Tuesday, April 22, 1997, at 8:00 p.m. Respectfully submitted: City Clerk APPROVED: 0 CC 4/8/97 Page #7