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CC - 01-09-96MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL JANUARY 09, 1996 AYPR®v Itb CITY 0 RT~EMEAD DATE 17a a / y 6 B11 At- 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 Councilmember Imperial The Invocation was delivered by Pastor John Wood of the Neighborhood Covenant Church ROLL CALL OF OFFICERS: Present: Councilmembers Bruesch, Imperial, Taylor, Mayor Pro Tem Clark, and Mayor Vasquez Absent: None APPROVAL OF MINUTES: NOVEMBER 28, 1995 - REGULAR MEETING MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER BRUESCH that the Minutes of the Regular Meeting November 28, 1995, be approved as corrected. Vote resulted: Yes: Clark, Taylor, Vasquez, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. APPROVAL OF MINUTES: DECEMBER 12, 1995 - REGULAR MEETING MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER TAYLOR that the Minutes of the Regular Meeting of December 12, 1995, be approved as submitted. Vote resulted: Yes: Clark, Taylor, Vasquez, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. PRESENTATIONS: None ORAL COMMUNICATIONS FROM THE AUDIENCE A. Juan Nunez, 2702 Del Mar Avenue, Rosemead, expressed his concern and frustration with vagrants sleeping, urinating, and hanging around the transformer area of the corner of San Gabriel Boulevard and Garvey Avenue and other areas. Councilmember Bruesch explained that this is an on-going problem and involves the same group of vagrants that moves from location to location within that four block area. Councilmember Imperial added that the law protects the rights of these people, they cannot be arrested for loitering or vagrancy. Mr. Imperial continued that this problem still exists at Universal Square. Frank Tripepi, City Manager, urged Mr. Nunez to continue calling City Hall and the Sheriff's Department when encountering problems with individual vagrants. CC 01-09-96 Page #1 B. Nancy Sexton, 9325 Rose Street, Rosemead, requested Council's help on four issues. First, the Southern Pacific trains sound their whistles non-stop from Rosemead Boulevard to Temple City Boulevard starting at 2:00 a.m., disturbing the neighborhood, and asked for the City's help with decreasing the continuous whistle to three whistles at intersections. Ms. Sexton continued that she called Southern Pacific and was advised to contact the City. Mr. Tripepi stated that a meeting will be arranged with a representative from Southern Pacific with Ms. Sexton and neighbors to meet at City Hall to discuss this problem. Second, Ms. Sexton continued that the house on the corner of Rio Dell and Encinjta has a fence with advertising on it which is inappropriate for her neighborhood and asked if an ordinance exists prohibiting this. Mr. Tripepi responded that staff will meet with the City Prosecutor to evaluate this problem. Third, Ms. Sexton expressed her concern about the welfare, as well as the exterior and interior condition of the home, of an elderly man living on the northwest corner of Arica and Rose Street and asked if the City can help him. After discussion, it was decided that a Sheriff's Neighborhood Watch Deputy will check on him. Lastly, Ms. Sexton asked about the possibility of hiring another Code Enforcement Officer. It was explained that this was not necessary as code enforcement inspections, per Council policy, is done on the basis of requests from the citizens, rather than by random inspections. II. PUBLIC HEARINGS - None III. LEGISLATIVE A. RESOLUTION NO. 95-61 The following resolution was presented to the Council for adoption: RESOLUTION NO.95-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $195,012.57 NUMBERED 15073 THROUGH 15207. MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER IMPERIAL that Resolution No. 95-61 be adopted. Vote resulted: Yes: Clark, Taylor, Vasquez, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. B. RESOLUTION NO. 96-01 The following resolution was presented to the Council for adoption: RESOLUTION NO. 96-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $571,361.04 NUMBERED 15238 THROUGH 15303. Councilmember Taylor requested that Check No. 15224, Estrada, $412.50, be voted on separately. MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER BRUESCH that Resolution No. 96-01 be adopted with the exclusion of Check No. 15224. Vote resulted: Yes: Clark, Taylor, Vasquez, Bruesch, Imperial No: None Absent: None Abstain: None CC 01-09-96 Page #2 0 • The Mayor declared said motion duly carried and so ordered. MOTION BY COUNCILMEMBER BRUESCH, SECOND BY MAYOR PRO TEM CLARKthat the Council approve Check No. 15224. Vote resulted: Yes: Clark, Vasquez, Bruesch, Imperial No: Taylor Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. C. ORDINANCE NO. 762 The following ordinance was presented to the Council for adoption: ORDINANCE NO. 762 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA AMENDING SECTION 2207 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO MEETINGS AND REPORTS OF THE INVESTMENT COMMITTEE MOTION BY COUNCILMEMBER IMPERIAL, SECOND BY COUNCILMEMBER BRUESCH that Ordinance No. 762 be adopted. Vote resulted: Yes: Clark, Taylor, Vasquez, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. D. ORDINANCE NO. 765 The following ordinance was presented to the Council for adoption: ORDINANCE NO. 765 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING ZONE CHANGE 95-200, AMENDING ROSEMEAD ZONING MAP LAND USE DESIGNATION FROM PD; PLANNED DEVELOPMENT TO R-2; LIGHT MULTIPLE RESIDENTIAL FOR THREE PROPERTIES LOCATED AT 7629, 7637 GRAVES AVENUE, ROSEMEAD (APNS: 5285-026-014 & 052) - ADOPT MOTION BY COUNCILMEMBER IMPERIAL, SECOND BY COUNCILMEMBER BRUESCH that Ordinance No. 765 be adopted. Vote resulted: Yes: Clark, Taylor, Vasquez, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. D.1. RESOLUTION NO. 96-02 The following resolution was presented to the Council for adoption: CC 01-09-96 Page #3 RESOLUTION NO. 96-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD REPEALING RESOLUTION NO. 93-52 AND RESCINDING ALL APPROVALS THEREIN FOR A DEVELOPMENT PROJECT AT 7629-37 GRAVES AVENUE, ROSEMEAD MOTION BY COUNCILMEMBER IMPERIAL, SECOND BY COUNCILMEMBER BRUESCH that the Council adopt Resolution No.96-02. Vote resulted: Yes: Clark, Taylor, Vasquez, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR (ITEMS CC-C AND CC-J REMOVED FOR DISCUSSION) CC-A AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES CITY MANAGERS DEPARTMENT MEETING, FEBRUARY 14-16, 1995, SAN DIEGO CC-B APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SEEK BIDS FOR TRAFFIC SIGNAL MODIFICATIONS AT WALNUT GROVE AVENUE AND MARSHALL STREET CC-D APPROVAL OF TRACT MAP 51299 - 3122-3134 BARTLETT AVENUE CC-E COOPERATIVE AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND CALTRANS FOR THE MARSHALL STREET AND ROSEMEAD BOULEVARD TRAFFIC SIGNAL MODIFICATION PROJECT CC-F APPROVAL OF SNACK BAR AGREEMENTS - LADY HAWKS, ROSEMEAD AMERICAN LITTLE LEAGUE AND ROSEMEAD YOUTH ASSOCIATION CC-G REQUEST FOR SOLICITATION OF BIDS FOR DEFERRED LOAN FOR 3217 N. GLADYS AVENUE CC-H AUTHORIZATION TO PLACE AD IN PROGRAM FOR WETIP CONFERENCE, APRIL 26-28, 1996 CC-1 AUTHORIZATION TO ATTEND GOVERNMENT FINANCE OFFICERS ASSOCIATION 90TH ANNUAL CONFERENCE, MAY 19-22,1996, PORTLAND, OREGON MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER IMPERIAL that the foregoing items on the Consent Calendar be approved. Vote resulted: Yes: Clark, Taylor, Vasquez, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC-C ENGINEERING PROPOSAL - STREET IMPROVEMENTS ON ABILENE STREET, HANDICAP ACCESS RAMP PROGRAM, AND ASPHALT CONCRETE OVERLAY ON VARIOUS CITY STREETS - CDBG FY 1995-96 CC 01-09-96 Page #4 0 VERBATIM DIALOGUE BEGINS: COUNCILMEMBER TAYLOR: Mr. Mayor. I don't know if any of the Councilmembers were able to go up and take a look at Lorica Street. Abilene Street is probably 40' to 60' north of Lorica but the streets are very similar. They both have 16 to 20 residents on each street, 8 or 9 on each side of the street. If you look at the pictures you can see the mud puddles and ponding that occurs there. I don't think we have any pictures of Abilene, do we Frank? FRANK TRIPEPI, CITY MANAGER: No. TAYLOR: Basically, it does not have sidewalks, but it's fully paved and it has curbs. There is some disruption of the curbs down at the end of the street where the tree roots are raising the curbs, but that's minor if you didn't see the street. It's 95%...the curbs are OK. But, looking at this particular item, if you look at the picture and the conditions that are there, in all good faith, if we've got the money to tear up the street that is in good condition and only goes half a block or a block, however you want to call it. But, they are both dead end streets. I, in good conscience, can't take the City money, which we're limited with, and see a condition like this ...and go across the street and tear that street up and not do something about this one. COUNCILMEMBER IMPERIAL: Are we talking about Lorica? TAYLOR: Yes. Lorica is, like I say, about 60' or so south of Abilene and they both "T" intersect at Temple City Boulevard. IMPERIAL: I certainly agree with that, Mr. Mayor. The only thing I'm going to say is if we look at streets, we should look at all of them. I would like to go back on Highcliff and finish that street off before we do anything with Lorica. TAYLOR: I don't have a problem with doing that one, except that was an extortion game going on down there where people were getting 250 to 270 lineal feet of wrought iron fences with slump block walls, and we got into a discrepancy of what about all the other people on the street who were getting zero. We were willing to clean up the street, give them a fully improved street, and then all of sudden some of the residents didn't realize or didn't get zero. All they got was their front yard sidewalk put through and others were getting the wrought iron fences and block walls. I think that was terribly unfair. Those block walls were running $10,000 to $20,000 additional above and beyond the street. That's why we put a hold on that to try to get a consensus of the neighbors agreeing to improve the street. But this, at least, we could send a letter to the owners saying we could improve the street, and I'm going to say, at no cost to you. If they dedicate the street, we could get rid of the whole mud hole up there. COUNCILMEMBER BRUESCH: Mr. Mayor. One of the big problems on Highcliff was the fact that a couple of the residents who owned that right-of-way, refused to give the right to the City to go through and improve that badly needed improvement. And, I, for one, would not be willing to go into any other private street like Lorica unless I was absolutely sure that the homeowners were indeed anxious to dedicate and willing to dedicate where we wouldn't have to get into this high bid, high roller game that we got ourselves involved in with Highcliff. I would like to poll the owners down there also to see where they stand before we even make any... TAYLOR: I would agree and that's what I'm asking, Mr. Bruesch. At least give them and us the option of getting ready. Can anyone name a worse street than that in the City of Rosemead? Is there one, Frank, that you know of? That's the worst. We've got 95 miles of streets in the City and that half block is the worst one in the City and you can see the ponding. What the outcome is, I'm only speaking my piece, but if we've got the money to tear up a good street, and then leave that street the way it is, we're not at least giving them the option. I don't think that's right. CC 01-09-96 Page #5 • A IMPERIAL: Mr. Mayor. In good conscience I have no problem with what Councilman Taylor is saying, but I would also like to take another look at Highcliff and find out how we can eliminate three problems instead of one. I think that we ought to take another try at it and see if we can talk some sense into the people there. Maybe the problem area is coming from one house and can be resolved. This man had an ax to grind, I know it, and that's the reason the project didn't go, and he hurt the whole neighborhood. I would like to go out there and try it again and come back with the information on all three streets. MAYOR PRO TEM CLARK: Mr. Mayor. I think it needs to be clarified that we're talking about two different situations. Abilene is a public street which the City technically owns. Lorica is a private street. It's owned by the property owners that live on the street. They own that street and if they are not willing to give the City the property in exchange for the improvements, then I think we have to decide whether we're willing to go in there by eminent domain and take it. And, if we are, are we willing to do that on Highcliff also. I think that needs to be clarified that we're talking apples and oranges. BRUESCH: I'd like to make a motion that we approve the engineering proposal for Abilene Street and handicap access, and direct staff to poll the homeowners on Lorica and see where they're at, and staff bring back an update on the status of Highcliff. TAYLOR: Mr. Mayor. I'd like clarification. This should be a certified letter sent to the registered property owners on Lorica and bring that back to the Council, and then we may decide to do that one instead of Abilene. I would like to postpone this until the next meeting so we can come back with that knowledge rather than start this and have to reconsider. IMPERIAL: Mr. Mayor. I would like all the information I requested before I'm able to vote on either one of them. TAYLOR: We'll defer this to the next meeting. IMPERIAL: Or until we have the information. CLARK: Mr. Mayor. I foresee that by the time we get the information back from Lorica, it could be a long time. I'd hate to put off the Abilene project. Look how long it took us on Highcliff...just to talk about fences. VASOUEZ: Are you seconding Councilman Bruesch's... CLARK: I'll second Bob's motion. TAYLOR: Mr. Mayor. What are we going to do with Lorica. I'm not clear when we're going to get an answer back. TRIPEPI: I will send out certified letters to the last owners of record, Mr. Taylor, requesting a response as to whether they're interested in dedicating the property in order for the City to make the public improvements out of Lorica Street at no cost to the owners in exchange for the necessary property to do the improvements. TAYLOR: OK. I'd like that back on the next agenda. TRIPEPI: I have no problem putting it on. I'll get these letters out. As an example they would probably go out Thursday. Tomorrow I can search the records, I'll have the owners list printed out. By Thursday those letters can all be sent certified receipt, return request. They'll go out and I can give them until the following week to send back a response to us. They're, obviously, just going to send it regular mail, we'll include a pre-paid postcard for them to mark one or the other and mail back to us. As soon as we get all those back, I will schedule it on the next meeting regardless of the response. The Council can make that decision then. Is that fair. I'll schedule that item for the next agenda. I can't promise you the response, I don't know what kinds of responses they'll be, Gary. CC 01-09-96 Page #6 TAYLOR: If we're really sincere about doing something with this, then we're going ahead with the project that... we're going to tear out a reasonable street and leave a bad street in the condition that it is in. TRIPEPI: The only thing I can say, Mr. Taylor, and philosophies here are going to differ, but being that Abilene is a public street, we do have a responsibility to that street. If the curbs are buckling and/or ...granted it is 95% in repair, I'm sorry I don't have photos of that street. I'm not going to argue the issue with you. It is a good looking street for the most part. However, as a public street, we do have a responsibility to that street. We do have a responsibility to bring it up to the new ADA standards if we do any improvements on that street. Lorica is not our responsibility. Now, please, I hope that doesn't sound tike that is not our job. That isn't what I'm saying. It's a private street. We can't expend funds on it and it isn't our responsibility. That's the only difference in the two. We have a responsibility to one and not to the other. TAYLOR: It's our responsibility as a community to get rid of a slum condition. If that's not slum condition, somebody define it for me. It's got mud puddles and stuff sitting like that. I don't know how long it sits. Mosquito abatement ...I think the next rain, I want you to give me a call and get mosquito abatement down there and ask them what they think about it. That's fair enough? TRIPEPI: Sure. VASQUEZ: We had a first and a second on CC-C. Please vote. TAYLOR: Mr. Mayor. I'd like this discussion in the minutes verbatim. VERBATIM DIALOGUE ENDS. Vote taken from voting slip: Yes: Clark, Vasquez, Bruesch, Imperial No: Taylor Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC-J SHERIFF'S DEPARTMENT PROPOSAL TO PROVIDE TWO MOTORCYCLE UNITS FOR TRAFFIC ENFORCEMENT Councilmember Taylor questioned the economical feasibility of providing two motorcycle unitsx at an additional cost of $340,000 per year. Councilmember Bruesch explained that he receives complaints daily about traffic congestion on Valley Boulevard and Garvey Avenue, and the motorcycle units will provide greater mobility for traffic enforcement which will free up the existing traffic units. MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER IMPERIAL that the Council authorize contracting for two 40 hour per week motorcycle traffic enforcement units and appropriate the necessary funds from unappropriated reserves. Before vote could result, more discussion ensued. Councilmember Imperial added that speeding also occurs all over the City and noted that these units will pay for themselves and feels that this program is badly needed. Vote resulted: Yes: Clark, Vasquez, Bruesch, Imperial No: None Absent: None Abstain: Taylor The Mayor declared said motion duly carried and so ordered. CC 01-09-96 Page #7 Councilmember Taylor stated that he Abstained in order to evaluate the program further upon the close of this fiscal year and requested an explanation why the motorcycle units cost more than the traffic units. V. MATTERS FOR DISCUSSION AND ACTION A. APPROVAL OF ENTERTAINMENT PERMIT FOR CAFE GIVRAL, 9008 E. GARVEY AVENUE, #E This item was removed due to change of ownership. No discussion necessary. VI. STATUS REPORTS - None VII. MATTERS FROM OFFICIALS A. COUNCILMEMBER IMPERIAL 1. Addressed his concern with karaoke establishments that operate from 10:00 a.m. to 2:00 a.m., which Mr. Imperial stated was unnecessary, and the effect this has on a neighborhood. B. COUNCILMEMBER BRUESCH 1. Thanked the people that addressed the Council at the beginning of the meeting for bringing to their attention the issues causing them concern. VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE - None IX. ADJOURNMENT There being no further action at this time, the meeting was adjourned at 8:50 p.m. in memory of Denton Todd, Principal of Rosemead High School, Elaine Pendleton, former Rosemead School District Boardmember, and George Goetze, Counselor at Rosemead High School. The next regular meeting will be held on January 23, 1996, at 8:00 p.m. Respectfully submitted: APPROVED: City Clerk CC 01-09-96 Page #8