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CC - 08-27-96APPROVED CITY OF RO EMEAD 9 d 6 MINUTES OF THE REGULAR MEETING DATE D1 ROSEMEAD CITY COUNCIL AUGUST 27, 1996 The regular meeting of the Rosemead City Council was called to order by Mayor Clark 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 Bruesch The Invocation was delivered by Pastor Ken Wong of the First Evangelical Church ROLL CALL OF OFFICERS: Present: Councilmembers Bruesch, Taylor, Vasquez, Mayor Pro Tem Imperial, and Mayor Clark Absent: None APPROVAL OF MINUTES: JULY 23, 1996 - REGULAR MEETING MOTION BY COUNCILMEMBER TAYLOR, SECOND BY MAYOR PRO TEM IMPERIAL that the Minutes of the Regular Meeting of July 23, 1996, be approved as submitted. Vote resulted: Yes: Vasquez, Taylor, Clark, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. APPROVAL OF MINUTES: JULY 30, 1996 - ADJOURNED REGULAR MEETING MOTION BY COUNCILMEMBER TAYLOR SECOND BY COUNCILMEMBER BRUESCH that the Minutes of the Regular Meeting of July 30, 1996, be approved as submitted. 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: Vic Prado of the Rosemead Red Sox presented a plaque of appreciation to the City. Mr. Prado explained that the Red'Sox, which consists of 11 and 12 year old boys, competes with teams throughout the Los Angeles area and has traveled to Mexico and Puerto Rico and they are currently the State Champions of California in their age group. Mr. Prado thanked the City for the use of Rebel Field and the excellent condition it was in and the care given to them by staff. ORAL COMMUNICATIONS FROM THE AUDIENCE Andy Ortiz, Victory Outreach Church, thanked the Council for attending their recent play "The Sandman" and urged Council to attend their upcoming play. CC 08/27/96 Page #1 II. PUBLIC HEARINGS An explanation of the procedures for the conduct of the two public hearings was presented by the City Attorney. A. PUBLIC HEARING - RESOLUTION NO. 96-32 - A RESOLUTION OF THE CITY OF ROSEMEAD, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 Frank Tripepi, City Manager, presented the staff report. There being no one wishing to speak, the Mayor closed the Public Hearing. Councilmember Bruesch inquired about the time frame for the Carryover Credits. Fred Wickman, City Engineer, responded that it will last the duration of the program. MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMEMBER VASQUEZ that the Council adopt Resolution No. 96-32. Vote resulted: Yes: Vasquez, Taylor, Clark, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. B. PUBLIC HEARING REGARDING PROPOSED AMENDMENT TO THE CITY'S CONSOLIDATED PLAN TO REFLECT NEW HOME FUNDS AND ALLOCATION OF ADDITIONAL $11,465 RECEIVED BY CITY Mr. Tripepi presented the staff report. The Mayor opened the Public Hearing for those wishing to speak on this item. There being no one wishing to speak, the Mayor closed the Public Hearing. Councilmember Taylor asked what restrictions will be imposed on the preference for Rosemead residents since this is Federal money. Lisa Baker, CDBG Coordinator, responded that some Federal programs do not allow preferences other than for jobs or housing balance. Ms. Baker continued that preference may be given to those who live or work in Rosemead, however, it cannot be an absolute Rosemead residents only requirement. MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMEMBER BRUESCH that the Council adopt the amendments to the City's Consolidated Plan and its FY 1996-1997 Action Plan to reflect HOME funds; and approve allocating $11,465 in additional CDBG funds to Unprogrammed funds; and authorize the Mayor to execute all necessary documents. Vote resulted: Yes: Vasquez, Clark, Bruesch, Imperial No:. Taylor Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC 08/27/96 Page #2 • • Councilmember Taylor stated that he would like the record to show his No vote is because Rosemead residents will not receive preferential treatment and chances are it will be open for whomever applies since it is Federally funded. Mayor Clark stated that she would like to stipulate, wherever we can within legal bounds, that preference be given to Rosemead residents. C. ORDINANCE NO. 768 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING MUNICIPAL CODE AMENDMENT NO. 96-01, AMENDING SECTION 6212.5 OF THE ROSEMEAD MUNICIPAL CODE ESTABLISHING LICENSING REGULATIONS FOR BODY TREATMENT RELATED BUSINESSES. Mr. Tripepi presented the staff report. The Mayor opened the Public Hearing for those wishing to speak on this item. John Rauth, 4528 Bartlett, Rosemead, stated that he objects to the Ordinance and that some of the businesses included are "seedy." Mr. Rauth commented on the rationale of striking out items in Section 3; questioned the Planning Commissioners ability to make a decision to deny these businesses; commented also on the Sections that strike out City Manager and insert License Clerk as the person issuing a business license; and that the $100 fee charged for qualifying businesses may be more trouble than they are worth. Councilmember Taylor referred Mr. Rauth to the staff report which explains that the striking out of the City Manager and inserting License Clerk was done for simplification purposes and that a business license will be issued by the License Clerk, who may be the City Manager or his designee. Mayor Pro Tem Imperial stated that, legally, the City has to allow these types of businesses in the City whether we want them or not, and that the purpose of this Ordinance is to establish certain criteria. Councilmember Taylor referred Mr. Rauth to Section 3b., Permit Applications, which lists the numerous disclosure requirements from the applicant regarding background information such as any criminal activity, fraud conviction, and medical records. Mayor Clark stated that though we do not encourage these types of businesses, the City, by law, has to allow these types of businesses. Robert Kress, City Attorney, explained that this comes with the full recommendation of the License Clerk, and the Sheriff's License Detail. Mr. Kress stated that this provides an active discouragement for these kinds of uses and it is not an encouragement for these businesses to come to this community with this Ordinance in place. There being no one else wishing to speak, the Mayor closed the Public Hearing. MOTION BY COUNCILMEMBER BRUESCH, SECOND BY MAYOR PRO TEM IMPERIAL that the Council introduce and place Ordinance No. 768 on first reading, and schedule the item for a second reading at the meeting of September 10, 1996. Vote resulted: Yes: Vasquez, Taylor, Clark, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Mayor Pro Tem Imperial requested that the record show his Second is because this an item that is required and there is a need to protect the City. Councilmember Bruesch agreed with Mayor Pro Tern Imperial. CC 08/27/96 Page #3 • • III. LEGISLATIVE A. RESOLUTION NO. 96-33 CLAIMS AND DEMANDS The following resolution was presented to the Council for adoption. RESOLUTION NO.96-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $232,844.77 NUMBERED 27309 THROUGH 17381 INCLUSIVELY MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER BRUESCH that Resolution No. 96-33 be adopted. Vote resulted: Yes: Vasquez, Taylor, Clark, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. B. RESOLUTION NO. 96-34 CLAIMS AND DEMANDS The following resolution was presented to the Council for adoption: RESOLUTION NO. 96-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $339,563.20 NUMBERED 17247 THROUGH 17299 17383, 17393 THROUGH 17493 INCLUSIVELY MOTION BY COUNCILMEMBER BRUESCH, SECOND BY MAYOR PRO TEM IMPERIAL that Resolution No. 96-34 be adopted. Vote resulted: Yes: Vasquez, Taylor, Clark, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. C. RESOLUTION NO. 96-39 CLAIMS AND DEMANDS The following resolution was presented to the Council for adoption: RESOLUTION NO. 96-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $420,948.23 NUMBERED 17495 THROUGH 17656 INCLUSIVELY. MOTION BY COUNCILMEMBER BRUESCH, SECOND BY MAYOR PRO TEM IMPERIAL that Resolution No. 96-39 be adopted. 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 08/27/96 Page /f4 • • place. D. RESOLUTION NO. 96-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO REDEVELOPMENT AGENCY PAYMENT FOR THE SAN GABRIEL STORM DRAIN PROJECT Juan Nunez, 2702 Del Mar, Rosemead, asked if there is an existing storm drain in Fred Wickman, City Engineer, responded that there is an existing storm drain in San Gabriel near Fern Avenue and that this storm drain project is an extension located further south of that area on San Gabriel Boulevard. MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER VASQUEZ that the Council adopt Resolution No. 96-35. Vote resulted: Yes: Vasquez, Taylor, Clark, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. E. RESOLUTION NO. 96-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD PROCLAIMING SEPTEMBER 16-22, 1996, AS POLLUTION PREVENTION WEEK The following resolution was presented to the Council for adoption: RESOLUTION NO. 96-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD PROCLAIMING SEPTEMBER 16-22, 1996, AS POLLUTION PREVENTION WEEK. MOTION BY COUNCILMEMBER BRUESCH, SECOND BY MAYOR PRO TEM IMPERIAL that Resolution No. 96-36 be adopted. Vote resulted: Yes: Vasquez, Taylor, Clark, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. F. RESOLUTION NO. 96-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ESTABLISHING "LAW ENFORCEMENT RECOGNITION DAY" IN THE CITY OF ROSEMEAD The following resolution was presented to the Council for adoption: RESOLUTION NO. 96-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ESTABLISHING "LAW ENFORCEMENT RECOGNITION DAY" IN THE CITY OF ROSEMEAD MOTION BY COUNCILMEMBER BRUESCH, SECOND BY MAYOR PRO TEM IMPERIAL that Resolution No. 96-37 be adopted. Vote resulted: Yes: Vasquez, Taylor, Clark, Bruesch, Imperial No: None Absent: None Abstain: None CC 08/27/96 Page #5 0 0 The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR CC-A AUTHORIZATION TO ATTEND LOCAL GOVERNMENT COMMISSION'S 17TH ANNUAL CONFERENCE - SEPTEMBER 6-8,1996, MONTEREY CC-D REQUEST FOR "SCHOOL ZONE" SIGNS NEAR BITELY SCHOOL CC-E APPROVAL OF PROPOSAL FROM GOLDSTEIN, KENNEDY & PETITO FOR LABOR LAW SERVICES CC-H COOPERATIVE AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND THE CITY OF MONTEREY PARK FOR TRAFFIC SIGNAL AT NEW AVENUE AND NEWMARK AVENUE CC-1 AUTHORIZATION TO ATTEND CALIFORNIA CODE ENFORCEMENT SEMINAR '96 - SEPTEMBER 19-21, 1996, VENTURA CC-K ADOPTION OF REVISED RESIDENTIAL REHABILITATION GUIDELINES CC-L CHANGES IN INELIGIBLE LAND USES IN THE COMMERCIAL REHABILITATION PROGRAM CC-M AUTHORIZATION TO REJECT CLAIM FILED AGAINST THE CITY BY ESTER R. BARRERA CC-N APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SEEK BIDS FOR STREET IMPROVEMENTS ON ABILENE STREET, HANDICAP ACCESS RAMP PROGRAM, AND ASPHALT CONCRETE OVERLAY ON VARIOUS CITY STREETS - CDBG FY 1996-97 CC-0 ACCEPTANCE OF WORK FOR TRAFFIC SIGNAL MODIFICATIONS AT WALNUT GROVE AVENUE AND MARSHALL STREET; PROJECT NO. 96-01 MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER VASQUEZ that the foregoing items on the Consent Calendar be approved. 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-B REQUEST FOR RED CURB ON HELLMAN AVENUE AT LAFAYETTE STREET Juan Nunez, 2702 Del Mar, Rosemead, commented that adding more red curbing on Hellman will result in less parking for those residents. MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER BRUESCH that 40' of the north curb and 60' of the south curb of Hellman Avenue east of Lafayette Street be painted red. 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 08/27/96 Page #6 • CI CC-C REQUEST FOR INSTALLATION OF STOP SIGNS ON OLNEY STREET MOTION BY COUNCILMEMBER BRUESCH, SECOND BY MAYOR PRO TEM IMPERIAL that the installation of multi-way STOP conditions is not recommended. However, the following remedial measures are recommended: Install a STOP sign, limit line and STOP legend for the southbound approach of Vane Avenue; Paint a yellow centerline on Olney Street for each approach; and, increase selective police enforcement in the area. 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-F REQUEST FROM CONSOLIDATED DISPOSAL SERVICES, INC. (CDS) FOR ANNUAL ADJUSTMENT TO COMMERCIAL REFUSE RATES Juan Nunez, 2702 Del Mar, Rosemead, requested clarification on the residential and commercial refuse rates. MOTION BY COUNCILMEMBER BRUESCH, SECOND BY MAYOR PRO TEM IMPERIAL that the Council approve the request by Consolidated Disposal Services, Inc. for a .84% adjustment in commercial refuse rates effective September 1, 1996. 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-G COOPERATIVE AGREEMENT BETWEEN THE CITY AND AGENCY FOR THE SAN GABRIEL BOULEVARD AND GLENDON WAY STORM DRAIN PROJECT Juan Nunez, 2702 Del Mar, Rosemead, stated that the catch basins should be placed to prevent ponding. MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER VASQUEZ that the Council approve the agreement and transfer $10,000 from appropriated reserves for the Glendon Way storm drain project. 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-J REQUEST TO CANCEL 1996-97 CONTRACT WITH FAIR HOUSING OPPORTUNITIES CENTER AND TO CONTRACT WITH FAIR HOUSING OF SAN GABRIEL VALLEY Juan Nunez, 2702 Del Mar, Rosemead, asked if the existing contract had to be bought out. Mr. Tripepi responded that the City will transfer contracts with no buy-outs. CC 08/27/96 Page #7 • 0 MOTION BY COUNCILMEMBER BRUESCH, SECOND BY MAYOR PRO TEM IMPERIAL that the Council terminate the contract with Fair Housing Opportunities Center, effective August 31, 1996; approve a contract with the Fair Housing Council of San Gabriel Valley to provide fair housing services and to complete the unfulfilled contractual obligations of the FHOC; and authorize the City Manager to execute required documents. 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-P EXTENSION OF AGREEMENT - BUS SHELTER MAINTENANCE Juan Nunez, 2702 Del Mar, Rosemead, asked if sandblasting or washing the sidewalks was part of the maintenance agreement as the bus shelters need those services occasionally. Mr. Tripepi responded that contractor will do those services upon request and for Mr. Nunez to inform staff upon observation of those needs. MOTION BY COUNCILMEMBER BRUESCH, SECOND BY MAYOR PRO TEM IMPERIAL that the Council approve a one-year extension to the current Bus Shelter Maintenance Agreement, with a 1.6% cost-of-living adjustment, effective September 1, 1996. Vote resulted: Yes: Vasquez, Taylor, Clark, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION AND ACTION A. AWARD OF CONTRACT - TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTIONS OF MISSION AVENUE AND ENCINITA AVENUE, AND NEW AVENUE AND NEWMARK AVENUE MOTION BY COUNCILMEMBER TAYLOR, SECOND BY MAYOR PRO TEM IMPERIAL that the Council take the following actions: (1) Determine that L.A. Signal, Inc. is not a responsible bidder for the traffic signal installation at Mission Drive and Encinita Avenue; (2) Determine that A.G.E. General Construction, Inc. is not a responsible bidder for the traffic signal installation at Mission Drive and Encinita Avenue and New Avenue and Newmark Avenue; and, (3) Determine that C.T. & F, Inc. is a responsible bidder and award the bid to C.T. & F., Inc. in the amount of $99,985.00. Vote resulted: Yes: Vasquez, Taylor, Clark, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. B. RESOLUTION NO. 96-38 - CITY OF ROSEMEAD EMPLOYER-EMPLOYEE RESOLUTION MOTION BY COUNCILMEMBER BRUESCH, SECOND BY MAYOR PRO TEM IMPERIAL that the Council adopt Resolution No. 96-38. Vote resulted: CC 08/27/96 Page #8 U n u Yes: Vasquez, Taylor, Clark, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. VI. STATUS REPORTS A. CHAMBER OF COMMERCE STREET BANNERS FOR VALLEY BOULEVARD, GARVEY AVENUE, ROSEMEAD BOULEVARD AND SAN GABRIEL BOULEVARD This item was deferred to the meeting of September 10, 1996. VII. MATTERS FROM OFFICIALS A. COUNCILMEMBER TAYLOR 1 . Requested staff observe right lane of traffic at Rosemead and Mission just west of the small shopping center. A vehicle parked in the stall west of last driveway causes the right lane of traffic to veer into the left lane. 2. Requested PCO monitor Rosemead Park as the ice cream vendors are parking in the crosswalk. trucks. 3. Requested information regarding Temple City having their own animal control B. COUNCILMEMBER BRUESCH 1. A truck has been parked at the corner of Encinita and Mission for approximately 6-8 months. VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE - None Juan Nunez, 2702 Del Mar, Rosemead, stated that he read in the Chamber Newsletter that the Chamber banners will cost members $300 and non-members $350, rather than the $225 as discussed at a previous Council meeting. IX. CLOSED SESSION A. The Council recessed to a Closed Session at 8:40 p.m. pursuant to Government Code Section §54957.6 for the following purpose: CONFERENCE WITH LABOR NEGOTIATOR. City Negotiator: Charles Goldstein, Employees: All City Employees. B. The Council met in a closed session, pursuant to Government Code §54956.9(a) to discuss the United States, et al. v. Montrose Chemical Corooration, etc., at al.. No. CV-90-32122-AAH (USDC, CD, CA) litigation for the following purpose: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION The Council reconvened at 9:12 p.m. in an Open Session. Robert Kress, City Attorney, stated that the Council met in a Closed Session for purposes as stated on the Agenda and provided direction to the labor negotiator regarding Item A. CC 08/27/96 Page #9 X. ADJOURNMENT There being no further action at this time, the meeting was adjourned at 9:13 p.m. The next regular meeting is scheduled for September 10, 1996, at 8:00 p.m. Respectfully submitted: City Clerk APPROVED: 2914A,4-4 6&4- MA O CC 08/27/96 Page #10 APPROVED CITY OF RO E7 S~ MEAD DATE MINUTES OF THE ADJOURNED REGULAR MEETING EY ROSEMEAD CITY COUNCIL JULY 30. 1996 The adjourned regular meeting of the Rosemead City Council was called to order by Mayor Clark at 6:12 p.m. in the Conference Room of the City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Councilmember Taylor The Invocation was delivered by Mayor Pro Tem Imperial ROLL CALL OF OFFICERS: Present: Councilmembers Bruesch, Taylor, Vasquez, Mayor Pro Tern Imperial, and Mayor Clark Absent: None INTERVIEW OF CANDIDATES FOR PLANNING COMMISSION VACANCY This meeting was convened for the purpose of interviewing the following applicants for the vacancy on the Rosemead Planning Commission: HELEN PEREZ-DWYER DIANA HERRERA WILLIAM ALARCON JOHN RAUTH RON GRANADOS ELIZABETH KHO EDWARD QUINTANILLA All applicants, with the exception of Mr. Granados, were in attendance and were interviewed by the members of the City Council. After completion of the interviews, it was the unanimous decision that William Alarcon be selected as Planning Commissioner to fill the unscheduled vacancy and said appointment will terminate in November, 1996. II. ORAL COMMUNICATIONS FROM THE AUDIENCE - None III. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 7:55 p.m. The next regular meeting is scheduled for August 13, 1996, at 8:00 p.m. Respectfully submitted: City Clerk APPROVED: 2&o:a