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CC - 11-27-90APPROVED CITY OF ROSEIlEAD MINUTES OF THE REGULAR MEETING DATI~ 91 ROSEMEAD CITY COUNCIL BY~~ NOVEMBER 27, 1990 The Regular Meeting of the Rosemead City Council was called to order by Mayor Pro Tem Imperial at 8:05 p.m. in the Council Chambers of City Hall-, 8838 E. Valley Boulevard, Rosemead, California. A five-minute recess was called and the meeting was reconvened accordingly. The Pledge to the Flag was led by Councilman Bruesch. The Invocation was delivered by City Treasurer Foutz. ROLL CALL OF OFFICERS: Present: Councilmen Bruesch, Taylor and Mayor Pro Tem Imperial Absent: Mayor McDonald APPROVAL OF MINUTES: OCTOBER 30, 1990 - ADJOURNED MEETING MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that the Minutes of the Adjourned Meeting of October 30, 1990, be approved as submitted. Vote resulted: Yes: Taylor, Imperial, Bruesch No: None Absent: McDonald Abstain: None The motion was declared duly carried and so ordered. Councilman Bruesch requested that the reference to an ordinance preventing curbside scavenging be inserted into the Minutes. APPROVAL OF MINUTES: NOVEMBER 13, 1990 - REGULAR MEETING Approval of these Minutes was deferred to the next regular meeting. PRESENTATIONS: - None I. ORAL COMMUNICATIONS FROM THE AUDIENCE Mayor Pro Tem Imperial introduced the Mayor of Temple City, Thomas Breazeal. Mary Redd, 3323 N. Evelyn Avenue, requested that the City attempt to lure a supermarket into the site recently vacated by Builders Emporium on Valley Boulevard. Maria Machada, 8322 Park Street, reported a problem at Zapopan Park with drinkers and speeding cars. This item was referred to the Sheriff's Department for selective enforcement. The following item was taken out of order in deference to those in the audience. III.LEGISLATIVE D. RESOLUTION NO. 90-70 - FOR THE SUBMISSION OF A MEASURE TO THE VOTERS REGARDING THE CONTINUED SALE OF FIREWORKS IN THE CITY Dr. Mark Berhou, representing Boy Scout Troop 591; Gene Boyd, 3603 Earle Avenue; Mary Redd, 3323 N. Evelyn Avenue; and Maria Morales, 528 N. San Gabriel Boulevard; asked that the City not place this item on the ballot, fearing the voters would decide to discontinue the sale of fireworks; affect the fund-raising activities of the various youth groups; make enforcement a problem; and increase the use of illegal fireworks. CC 11-27-90 Page #1 ~l 0 Juan Nunez, 2702 Del Mar Avenue, stated the opinion that there were other methods to use for'raising funds without the possibility of jeopardizing property. Dennis Revell, fireworks distributor, noted that recent revisions in the law will prohibit the sale of sparklers. MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that this item not be placed on the ballot for consideration by the voters. Vote resulted: Yes: Taylor, Imperial, Bruesch No: None Absent: McDonald Abstain: None The motion was declared duly carried and so ordered. Councilman Bruesch requested the fireworks ordinance be revised at the first of the year regarding the hours of sales; increase the amount of liability insurance by the stands' operators; enforcement of the age requirement for the purchase of fireworks; and investigate the percentage split between the broker and the organization. Mayor Pro Tem Imperial suggested that a study session with the fireworks manufacturers and members of the community would be beneficial. A ten-minute recess was called at 8:45 p.m. and the meeting was reconvened accordingly. II. PUBLIC HEARINGS An explanation of the procedures for the conduct of public hearings was presented by the City Attorney. A. A PUBLIC HEARING TO CONSIDER AN ORDINANCE THAT AMENDS THE MUNICIPAL CODE CONCERNING REGULATIONS FOR THE USE OF TRAILERS The public hearing was opened and there being no one wishing to speak, the public hearing was closed. The following ordinance was presented to the Council for introduction: ORDINANCE NO. 675 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING SECTION 9121 OF THE ROSEMEAD MUNICIPAL CODE CONCERNING REGULATIONS FOR THE USE OF TRAILERS AND AMENDING SECTION 9181.1 OF THE ROSEMEAD MUNICIPAL CODE ADDING TEMPORARY TRAILERS AS A CONDITIONAL USE IN THE C-1, C-3, CBD, P-D, AND M-1 ZONES MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN BRUESCH that this item be returned to the Planning commission for clarification and further information including a report on the use of utility hookups for recreational vehicles. Vote resulted: Yes: Taylor, Imperial, Bruesch No: None Absent: McDonald Abstain: None The motion was declared duly carried and so ordered. CC 11-27-90 Page #2 B. A PUBLIC HEARING TO CONSIDER A CITY-INITIATED ZONE CHANGE TO RECLASSIFY A PROPERTY CURRENTLY ZONED CENTRAL BUSINESS DISTRICT KNOWN AS UNIVERSAL SQUARE, 8801-8855 VALLEY BOULEVARD, ROSEMEAD The public hearing was opened and there being no one wishing to speak, the public hearing was closed. The following ordinance was presented to the Council for introduction: ORDINANCE NO. 676 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING A CHANGE OF ZONE FROM CBD TO CBD(D) FOR PROPERTY LOCATED AT 8801-55 VALLEY BOULEVARD (ZC 90-175) MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN TAYLOR that Ordinance No. 676 be introduced on its first reading and that reading in full be waived. Vote resulted: Yes: Taylor, Imperial, Bruesch No: None Absent: McDonald Abstain: None The motion was declared duly carried and so ordered. Councilman Taylor requested a report regarding the placement of the Design Overlay designation on all CBD properties. III.LEGISLATIVE A. RESOLUTION NO. 90-67 - CLAIMS & DEMANDS The following resolution was presented to the Council for adoption: RESOLUTION NO. 90-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $436,339.49 NUMBERED 32073 THROUGH 32095 AND 31358 THROUGH 31466 MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN TAYLOR that Resolution No. 90-67 be adopted. Vote resulted: Yes: Taylor, Imperial, Bruesch No: None Absent: McDonald Abstain: None The motion was declared duly carried and so ordered. Councilman Taylor requested a report regarding the final Transient Occupancy Tax revenues that were paid to the Chamber of Commerce for the Visitor Information Center. B. RESOLUTION NO. 90-68 - REQUESTING THE BOARD OF SUPERVISORS TO RENDER SERVICES RELATING TO A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 5, 1991 The following resolution was presented to the Council for adoption: RESOLUTION NO. 90-68 CC 11-27-90 Page #3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 1991 MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that Resolution No. 90-68 be adopted. Vote resulted: Yes: Taylor, Imperial, Bruesch No: None Absent: McDonald Abstain: None The motion was declared duly carried and so ordered. C. RESOLUTION NO. 90-69 - CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 5, 1991, FOR THE PURPOSE OF FILLING A VACANCY ON THE CITY COUNCIL The following resolution was presented to the council for adoption: RESOLUTION NO. 90-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 1991, FOR THE ELECTION OF A MEMBER OF THE CITY COUNCIL TO FILL A VACANCY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN TAYLOR that Resolution No. 90-69 be adopted. Vote resulted: Yes: Taylor, Imperial, Bruesch No: None Absent: McDonald Abstain: None The motion was declared duly carried and so ordered. D. RESOLUTION NO. 90-70 - FOR THE SUBMISSION OF A MEASURE TO THE VOTERS REGARDING THE CONTINUED SALE OF FIREWORKS IN THE CITY This item was defeated earlier in the meeting. E. RESOLUTION NO. 90-71 - AUTHORIZING CERTAIN MEMBERS OF THE CITY COUNCIL TO FILE WRITTEN ARGUMENTS REGARDING CITY MEASURES AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS No action was required on F. RESOLUTION NO. 90-72 ARGUMENTS FOR CITY M No action was required on G. RESOLUTION NO. 90-73 RESTAURANT FOR A CUP this item. - PROVIDING FOR THE FILING OF REBUTTAL BASURES this item. - DENYING THE APPEAL OF DIAMOND ALLOWING ALCOHOLIC BEVERAGES The following resolution was presented to the Council for adoption: RESOLUTION NO. 90-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD DENYING CONDITIONAL USE PERMIT 90-500 TO ALLOW THE SALE OF BEER AND WINE IN CONJUNCTION WITH AN EXISTING RESTAURANT LOCATED AT 9016 MISSION DRIVE CC 11-27-90 Page #4 r i MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR PRO TEM IMPERIAL that Resolution No. 90-73 be adopted. Vote resulted: Yes: Taylor, Imperial, Bruesch No: None Absent: McDonald Abstain: None The motion was declared duly carried and so ordered. IV. CONSENT CALENDAR (CC-B REMOVED FOR DISCUSSION) CC-A AUTHORIZATION TO ATTEND CALIFORNIA SOCIETY OF MUNICIPAL FINANCE OFFICERS' ANNUAL SEMINAR IN MILLBRAE, CALIFORNIA, FEBRUARY 20-22, 1991 CC-C RENEWAL OF AGREEMENT WITH GRAFFITI REMOVAL, INC. MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that the foregoing items on the.Consent Calendar be approved. Vote resulted: Yes: Taylor, Imperial, Bruesch No: None Absent: McDonald Abstain: None The motion was declared duly carried and so ordered. CC-B AUTHORIZATION TO SOLICIT BIDS FOR THE 38th HANDYMAN BID PACKAGE Councilman Taylor requested information regarding the Wetherbee property. MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that the Council approve the specifications and authorize solicitation of bids. Vote resulted: Yes: Taylor, Imperial, Bruesch No: None Absent: McDonald Abstain: None The motion was declared duly carried and so ordered. V. MATTERS FOR DISCUSSION & ACTION A. SENIOR HOUSING BALLOT MEASURE VERBATIM DIALOGUE FOLLOWS: FRANK G. TRIPEPI, CITY MANAGER: Mr. Mayor, members of the Council. This item was brought back to with a memo from myself. I know that at the last regular meeting the council on a three-one vote directed staff to place this item on the ballot for a special election which has been scheduled now for March the fifth. At that time, there were questions raised about the scope of the project, control of the project, liability on the project, qualifying residents to live in the project ...I think really there was some desire on some councilmembers part to have the project itself laid out from A to Z prior to asking the voters if they want to approve senior housing in the City of Rosemead. Now, that was not the staff's intention is to one, validate the fact that the citizens in Rosemead do want a senior housing project. That was first and foremost in our minds. Now, if there is going to be I think and it appears that there is going to be some severe questions and or doubts about how this project is going to work, I for one believe enough in the project that I certainly don't want to jeopardize its success just based on the fact that if'I wait until the regular election in April, we can have a project outlined and specifically put in place that can be looked, evaluated and then CC 11-27-90 Page #5 TRIPEPI CONTINUES: voted on for its merits. I've been I think the council will certainly agree part of this community long enough to know that there are some folks that are leery sometimes of what government can do and I certainly don't want to do anything to damage credibility that's been established over some long period of time with the community. So, therefore I'm requesting in fact I'm recommending this evening that the Council remove this item from the ballot in March at the special election. It really isn't worth that much of a jump on this project to get it going to jeopardize the entire senior, housing issue. I do feel strongly enough about the project to think it is needed and I think that it's an excellent way to spend your 20% set aside monies which are required to be spent that way. And therefore I'm going to recommend that you leave this item off of that ballot and schedule it for April of 192. By then I do believe that staff can have a program together. However, at that time I'm going to again caution the Council; we're not voting on that specific program. We're going to be voting on "Should the City of Rosemead participate and build a senior housing project in the City?" and that would be the question to be decided. But by then you will all know and have in front of you the project, how it's going to work, the liabilities, the ins, the outs, who can live there, who can't live there, and what the qualifying factors are. TAYLOR: Mr. Mayor. The Council had been in an agreement to go ahead and let it go to a vote of the people and I think it needs to be clarified. I was somewhat surprised when I saw what the ballot actual proposal would have been, to build 500 units. Now, that's the first, time I've ever seen such a number. I don't know if anybody else had used that figure in the past. We'd talked about 40 or maybe 80 or something but it stated 500 in there and again if it can be ironed out and clarified how it's going to operate then I think it should go to a vote of the people but in all honesty since there's no concrete proposal I certainly would make a motion for the recommendation that Mr. Tripepi had to put it together as a package because I just can't accept it without the clarifications. IMPERIAL: Mr. Taylor, I certainly can agree with that. First of all, I want to say that I don't want to wait until 192 to put this on the ballot because the people in this City need senior housing. We've got a need for it. It's a definite need. And I think we ought to move a helluva faster than wait until 1992 on it. I have no problem with it not going on the ballot because I feel the need's there. I do feel like we need to put a package together and determine what we want to do and do it, gentlemen, and not wait and come up with proposals and 1400 meetings and in the meantime we've got a need out there that's not being answered and as far as I'm concerned our only purpose up here is to meet the needs of the people in this community and if it takes not having it on the ballot and not waiting until 1992 to satisfy the needs of some people that are in dire need, then I'm for it. I think we ought to do it a lot faster, let the staff put up a package and let's go forward. BRUESCH: Mr. Mayor. Two comments. First of all, remember if it doesn't go on the ballot then half of those units have to be open to not low income. IMPERIAL: That is not true. That is not true because we are financing this thing. It's going to be City money and we have control over it. Mr. Bruesch, you have probably sat here and listened to me refuse HUD money because they had control and we had no control so when we start to build a project down here some guy up in HUD picks up the phone, calls all his friends, says put your names on the list and by the time we get to the people of Rosemead, there's no room. That's what I've been against for years. But we're controlling this. We're doing it with City money and we can take care of our people and charity begins at home. TAYLOR: Mr. Mayor. I would like Mr. Kress at this time to tell us legally that it will be only for the residents.of the City of Rosemead. CC 11-27-90 Page #6 0 ROBERT KRESS, CITY ATTORNEY: • Well, that is clearly the direction.... TAYLOR: No, no. I want definite legal status not the direction because I disagree with that. We've got residents requirements, people have moved in from other states, the Supreme Court with Welfare payments and such, eligibility requirements, they've struck down most of them that I know of and I'd like something in writing stating that it will only be for the residents of the City of Rosemead. IMPERIAL: Mr. Taylor, if the City Attorney can produce a document that tells you this would you be willing to consider not having it on the ballot, just going forward after we get our package of information? KRESS: Well, Mr. Imperial, it has to go on the ballot. TRIPEPI: It has to go on the ballot. That's the only way we have the control. KRESS: That's a matter of state law and article 34 of the Constitution. IMPERIAL: Then we ought to find a way not to have to wait to 1992 to satisfy the needs of the people of this community. BRUESCH: I'm referring, Mr. Mayor, to page 5 and 6 of our verbatim minutes. It was stated time and again that if we wish to have the type of control you're saying we have to go to a ballot. If we don't go to a ballot measure, if we just go ahead then they have the control who goes in there and that's why we went to the idea of going to an advisory vote in order to get more control over the types of people that we would allow to go in there. And what I'm worried about is in letting it go to 1992, what is going to happen, Mr. Kress? I was under the impression that our 20% now had to go for low-cost housing. It could not be set aside any more. TRIPEPI: We can escrow those funds. IMPERIAL: We satisfied that requirement. KRESS: One more time. It's the fifteen page memo that lists all of the various alternatives. This is only one. You need to start spending the money, that's•for sure. We've. discussed that before. But there are a number of alternatives that you can do without an election and without waiting. Building senior citizen housing for low income residents and I understand the direction we can.... Mr. Taylor, we can define residents and you and I can talk about what that means... resident for how many years? TAYLOR: You're getting right down to the point. It is not, specifically cleared up. KRESS: Absolutely I am. And that's why the City Manager and I are recommending that this not go forward because there are a number of questions that you're asking for answers and they simply cannot be put together in the next two weeks when arguments and ballot measures need to be put together. A one year plan for the following spring time election is much more feasible to give the Council an opportunity to understand what's being proposed, exactly what the requirements for residency and occupancy of these units will be. -And I will work along with Mr. Kroot to give you those answers. BRUESCH: Mr. Mayor. Point of information. Mr. Kress, does it not state in the law that the purpose of this 20% set aside is to increase the housing stock? Low cost housing stock? KRESS: I believe the gist of it is to increase and improve the existing stock. CC 11-27-90 Page #7 • BRUESCH: Can all of the money be used say in rent subsidies? Can all the money for instance go to a joint venture with another city? Can you use all the money in one way? KRESS: I don't believe there's any specific part of the law that says you must use any or all of the various tools. That's up to you. TAYLOR: Mr. Mayor. I'd move the recommendation of staff. IMPERIAL: I'll second the motion. BRUESCH: Reluctantly, I'll vote on it, too. TAYLOR: Call for the question. Yes: Taylor, Imperial, Bruesch No: None Absent: McDonald Abstain: None The motion was declared duly carried and so ordered. TAYLOR: Mr. Mayor. I'd again ask that this be in the minutes verbatim because it's an ongoing major decision that we're going to have to make. BRUESCH: Mr. Mayor. I'd like the record to show that my vote is in favor of making sure that we get the most control over whatever housing results from this. Therefore, I'm reluctantly in favor of putting it off so we can go to a vote. I don't want the state to come in and tell us.... TRIPEPI: That's what we're doing, Bob. That's why we're developing this. END VERBATIM DIALOGUE VI. STATUS REPORTS A. THREE-WAY STOP CONTROL AT WHITMORE STREET AND PROSPECT AVENUE This was presented for information only and no action was required or taken. VII. MATTERS FROM OFFICIALS A. BRUESCH 1. Asked staff to attempt locating a supermarket at the old Ole's/Builders Emporium site. Mayor Pro Tem Imperial directed that the City Manager strongly look into the possibility of bringing a market into that site and to do everything possible to achieve that goal. 2. Commended staff on the Award of Merit being received for the City's Community Development Block Grant (CDBG) program. B. CITY MANAGER TRIPEPI 1. Gave a status report on the operating Industries landfill litigation. There being no further action to be taken at this time, the meeting was adjourned at 9:55 p.m. The next regular meeting is scheduled for December 11, 1990 at 8:00 p.m. Respectfully submitted: APPROV G e ty Clerk MAYOR CC 11-27-90 Page #8