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CC - 04-24-90• APPROVED MINUTES OF THE REGULAR MEETING CITY OF ROSEMEAD ROSEMEAD CITY COUNCIL DAT S' -90 APRIL 24, 1990 BY The Regular Meeting of the Rosemead city council was called to order by Mayor McDonald at 8:07 p.m. in the Council Chambers of City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Councilman Taylor. The Invocation was delivered by Pastor Wilford Su of the First Evangelical San Gabriel Valley Church. ROLL CALL OF OFFICERS: Present: Councilmen Bruesch, Imperial, Taylor, Mayor Pro Tem DeCocker, and Mayor McDonald Absent: None APPROVAL OF MINUTES: MARCH 13, 1990 - REGULAR MEETING These Minutes were deferred to the next regular meeting. APPROVAL OF MINUTES: MARCH 27, 1990 - REGULAR MEETING These Minutes were deferred to the next regular meeting. I. ORAL COMMUNICATIONS FROM THE AUDIENCE A. Rosemary Gallagher, 2626 N. Charlotte Avenue, reported that a majority of the owners on Charlotte Avenue would prefer that no sidewalks be installed when the street is widened. Ms. Gallagher offered to collect a petition from the owners for presentation to the Council. Mayor McDonald directed staff to survey the residents. B. Gloria Mammon, 3321 N. Charlotte Avenue, asked for aid in completing improvements to her property. Ms. Mammon stated that she had applied for assistance in January but not yet received any response. Frank G. Tripepi, City Manager, stated that Ms. Mammon would be contacted by staff the following day and that the next round of projects would be bid in July. C. Bonnie Culbertson, Rosemead Chamber of Commerce, introduced the current President, Larry Kruse. II. PUBLIC HEARINGS A. A PUBLIC HEARING TO CONSIDER AN ORDINANCE TO AMEND THE ROSEMEAD MUNICIPAL CODE TO PROHIBIT ARCADE DEVICES IN LIQUOR STORES AND INTRODUCTION OF ORDINANCE NO. 661 The Mayor opened the public hearing. Juan Nunez, 2702 Del Mar Avenue, requested clarification that only liquors would be affected by this ordinance. There being no one else wishing to speak, the public hearing was closed. The following ordinance was presented to the Council for introduction: ORDINANCE NO. 661 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING THE ROSEMEAD MUNICIPAL CODE PROHIBITING ARCADE DEVICES IN LIQUOR STORES CC 4-24-90 Page #1 • 0 MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that ordinance No. 661 be introduced on its first reading and that reading in full be waived. Vote resulted: Yes: DeCocker, Taylor, McDonald, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. III.LEGISLATIVE A. RESOLUTION NO. 90-20 - CLAIMS & DEMANDS The following resolution was presented to the Council for adoption: RESOLUTION NO. 90-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $644,244.05 NUMBERED 27762 THROUGH 27863 AND 28940 THROUGH 28965 MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN IMPERIAL that Resolution No. 90-20 be adopted. Vote resulted: Yes: DeCocker, Taylor, McDonald, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. B. RESOLUTION NO. 90-21 - AMENDING RESOLUTION NO. 82-9 RELATING TO THE BUILDING REHABILITATION APPEALS BOARD The following resolution was presented to the Council for adoption: RESOLUTION NO. 90-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING RESOLUTION NO. 92-9 RELATING TO THE BUILDING REHABILITATION APPEALS BOARD MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that Resolution No. 90-21 be adopted. Vote resulted: Yes: DeCocker, Taylor, McDonald, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. C. RESOLUTION NO. 90-22 - APPLICATION FOR 1988 ROBERTI-Z'BERG/HARRIS URBAN OPEN SPACE GRANT The following resolution was presented to the Council for adoption: RESOLUTION NO. 90-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG HARRIS URBAN OPEN-SPACE AND RECREATION PROGRAM FOR ROSEMEAD PARK MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN IMPERIAL that Resolution No. 90-22 be adopted. Vote resulted: CC 4-24-90 Page 42 0 Yes: DeCocker, No: None Absent: None Abstain: None 0 Taylor, McDonald, Bruesch, Imperial The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR (CC-E, CC-J AND CC-M REMOVED FOR DISCUSSION) CC-A AUTHORIZATION TO ATTEND 27th UNITED STATES/MEXICO INTERNATIONAL CONVENTION OF SISTER CITIES, JULY 11-15, 1990 IN MERIDA, YUCATAN, MEXICO CC-B EXTENSION OF AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE SERVICES WITH SIGNAL MAINTENANCE, INC. CC-C AUTHORIZATION TO REJECT CLAIM FILED AGAINST THE CITY BY PACHECO/GUTIERREZ CC-D CITY CLERK VACATION REQUEST CC-F ACCEPT BIDS AND AWARD CONTRACT FOR 1989-90 SLURRY SEAL ON VARIOUS STREETS - ROY ALLAN SLURRY SEAL, INC. $59,796.80 CC-G ACCEPTANCE OF STREET EASEMENTS FOR KELBURN AVENUE (NEWMARK/GRAVES) CC-H APPROVAL OF PARCEL MAP NO. 21031 - 3105 EARLE AVENUE CC-I RED CURBING ON THE 900 BLOCK OF SAN GABRIEL BOULEVARD CC-L APPROVAL OF PROPOSAL FROM RALPH ANDERSON AND ASSOCIATES TO INVENTORY BUSINESSES OPERATING IN THE CITY OF ROSEMEAD MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN IMPERIAL that the foregoing items on the Consent Calendar be approved. Vote resulted: Yes: DeCocker, Taylor, McDonald, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC-K AUTHORIZATION TO ATTEND NATIONAL LEAGUE OF CITIES "YOUR CITY'S KIDS" NATIONAL CONFERENCE IN SEATTLE, WASHINGTON, MAY 2-4, 1990 Councilman Taylor stated that while he would not attend this conference, he wished to be registered for it so that he could receive the information packet. Cleo Young, 7533 E. Garvey Avenue, asked that the representatives to this conference state Rosemead's disapproval of the use of drugs and alcohol. MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR PRO TEM DeCOCKER that the Council authorize the attendance of any Councilmember, the City Manager, and a staff designee. Vote resulted: Yes: DeCocker, Taylor, McDonald, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC-E APPROVAL OF ANNUAL COMMUNITY DEVELOPMENT BLOCK GRANT REIMBURSABLE CONTRACT CC 4-24-90 Page #3 • Councilman Bruesch requested clarification that this was a three-year contract and that the figures given were for the first of those three years. MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR PRO TEM DeCOCKER that the Council approve and execute the reimbursable contract with the County of Los Angeles for fiscal year 1990-91 and authorize the City Clerk to transmit to the Community Development Commission. Vote resulted: Yes: DeCocker, Taylor, McDonald, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC-J ACCEPT BIDS AND AWARD CONTRACT FOR THE ROSEMEAD HOME IMPROVEMENT PROGRAM - 36th BID PACKAGE Councilman Bruesch asked the maximum grant amount. Mark Fullerton, Community Development Coordinator, stated that the maximum amount is $3500 per residential unit; however, there is another $500 available for the weatherization or energy conservation program bringing the total to $4000. MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR PRO TEM DeCOCKER that the Council accept the bids; award the contract to LPZ Construction in the amount of $25,330; authorize staff to enter into contract with the owners and contractor; and reject all other bids. Vote resulted: Yes: DeCocker, Taylor, McDonald, Bruesch, Imperial No: None Absent: None Abstain: None The mayor declared said motion duly carried and so ordered. CC-M APPROVAL OF BID SPECIFICATIONS AND AUTHORIZATION TO SEEK BIDS FOR DIAL-A-RIDE AND SHOPPER SHUTTLE TRANSIT SERVICES Councilman Bruesch noted that past operation reports had not been fully completed; that the time and date of pickup-had been left blank. Mr. Bruesch also requested that the bid package specify that the gasoline purchased for these vans and buses should be purchased in the City of Rosemead. Councilman Taylor requested that the shuttle route be amended to shift the easterly pickup point from Rio Hondo Avenue to Temple City Boulevard. MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR PRO TEM DeCOCKER that the Council approve the bid specifications as amended and authorize staff to seek bids. Vote resulted: Yes: DeCocker, Taylor, McDonald, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION & ACTION A. CITY OF ROSEMEAD PARTICIPATION IN THE SAN GABRIEL VALLEY MOSQUITO ABATEMENT DISTRICT Frank G. Tripepi, City Manager, stated that the initial cost projections for this program had increased. Mr. Tripepi that the Council authorize him to explore other alternatives and report back to the Council. CC 4-24-90 Page 44 MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMAN TAYLOR that this item be deferred for further information and other alternatives before any action is taken. Vote resulted: Yes: DeCocker, Taylor, McDonald, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. VI. STATUS REPORTS - None VII. MATTERS FROM OFFICIALS A. REQUEST FROM COMMISSIONER PINON FOR REAPPOINTMENT TO THE TRAFFIC COMMISSION MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that Al Pinon be appointed for a two-year term to the Traffic Commissioner. Vote resulted: Yes: DeCocker, Taylor, McDonald, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. B. COUNCILMAN TAYLOR 1. Requested copies of the Sheriff's phone log for the last three weekends as soon as possible regarding a problem at Fern and Earle for possible inclusion on the next meeting. Mr. Taylor also requested the number of cars that were on duty during that period. C. COUNCILMAN BRUESCH VERBATIM DIALOGUE FOLLOWS: BRUESCH: In response to a TV article, I had occasion to talk to a couple of parents who were asking me what protection do they have over the items being sold from ice cream vendors; the trucks going up and down the streets. I didn't see the article but they say that in Los Angeles there was an inspection made of trucks and about a third of the articles were deemed inedible or potentially hazardous to health. They brought up another comment was that sometimes on a warm day they might have six or seven trucks up and down. I asked them if it was the same truck and they said they didn't know, they just closed their doors to keep their kids in. I said I'd present this question to the council. Is there any way that a small city such as this can regulate what is sold out of those trucks? Is there an inspection method or do we have to go through the County? McDONALD: In the City of E1 Monte in which I work I wrote an ordinance where I inspect all the mobile cooking vehicles but that's actually for fire protection but we also check for cleanliness and we cite them. I think the Health Department has to look at every vehicle that sells ice cream but there's a lot of illegal, I imagine, ice cream vendors especially with their little boxes that we try to keep out of this City. I don't know. Does staff have any suggestions? DONALD J. WAGNER, ASSISTANT CITY MANAGER: The way the ordinance is set up, they have to provide us with proof of a Health Department inspection of the vehicle as well as all the other documentation on the ice cream truck. The only vehicles we license are the ice cream trucks and once they provide that to us and then we issue them a business license. McDONALD: And that business license is good for how long? And then we look at the truck again? FRANK G. TRIPEPI, CITY MANAGER: It's relicensed. CC 4-24-90 Page #5 WAGNER: We don't do any actual inspection. We rely on the County to do the inspection. BRUESCH: How can we tell if the County is really doing a good job of inspecting those trucks? TRIPEPI: Because they have a certificate from the Health Department that it was inspected and met their approval. McDONALD: I imagine if we get a complaint on a particular truck that we can ask the County to reinspect it. BRUESCH: It was a general comment. They were also complaining about the fact that the trucks, and I told them it was illegal, that trucks have decided that school grounds are fair play and they park right outside. In fact, in one case I guess it was Fern School, the principal went out and asked them to move and they said you can't make us move. McDONALD: We also have an ordinance that they can only be in a certain spot for a certain number of minutes. BRUESCH: I know. TRIPEPI: We have the same thing. TAYLOR: I'd like Mr. Bruesch to expand on that a little further and describe the difference of the trucks sitting outside of the school yard and what goes on at Garvey School every weekend when they have the sales there. What's the difference on them, Bob? BRUESCH: It's during the school time, when the kids are getting out of school they park out there. TAYLOR: So, they could park there on Saturdays and you wouldn't have a problem with it. BRUESCH: Not when the kids are getting out of school. TAYLOR: No, on Saturday. I'm trying to get the difference of the trucks and the sales that go on in the Garvey school yard, compared to the other vendors in the City. What's the difference on them? BRUESCH: The difference is is that the ordinance states the ice cream trucks cannot park outside the schools because the kids would leave the campus and it causes a traffic problem when parents are picking up their kids. TAYLOR: Mr. Mayor. This is going to get into quite a discussion at a later time and I'd this item to be in the Minutes, verbatim. There'll be quite a bit of discussion on it. IMPERIAL: Mr. Mayor. I think.the message-is loud and clear that we need some kind of control on this. I think we should be looking at an ordinance so I would like to have the City Manager directed to send some ordinances to the Council for consideration and also would like to make a point, and this to be verbatim, that if we enact an ordinance let's enforce it. Thank you. McDONALD: I think staff can look around all the other cities around here because that's a problem in a lot of cities and they kind of tighten up their ordinances to at least make the food on there and their operation of the thing, a clean operation. Any restrictions that the Council wants to set other than that, that you want to set for everybody, we can do that but a lot of cities have made it so that those services are clean. WAGNER: Is it the desire of the Council to have ice cream trucks in the City or do you just want to regulate them out? McDONALD: I don't think we should regulate them out. Just make them so they're safe. CC 4-24-90 Page #6 n IMPERIAL: I think we ought to find out what controls are on the driver. They sometimes look dirtier than their truck. BRUESCH: You're right. One thing that should be included in an ordinance is that they have a clearly visible number on the truck so that if there is a complaint a constituent or parent or whoever can find that number and call it into the City. That was one of the things I suggested to these parents was to get the number of the truck and they said where is it. END VERBATIM DIALOGUE VIiI.ORAL COMMUNICATIONS A. Juan Nunez, 2702 Del Mar Avenue, requested that block numbers be added to the overhead street signs. IX. CLOSED SESSION TO DISCUSS LITIGATION Pursuant to Government Code Section 54956.9 the City Council convened in a closed session to discuss litigation with legal counsel. A. CITY OF ROSEMEAD vs. VILLARINI The City Council directed legal counsel to reject a proposed settlement offer received from Ms. Villarini. B. DONALD C. LAWIN vs. CITY OF ROSEMEAD Legal counsel was instructed to prepare a report as to the status of this matter and to notify legal counsel presently representing the City to withdraw their settlement offer and this matter will return at the next Council meeting in another closed session for further disposition. There being no further action meeting was adjourned at 9:44 p.m. scheduled for May 8, 1990 at 8:00 Respectfully submitted: 6A Uu~ Ci Clerk to be taken at this time, the The next regular meeting is D.M. APPROVAL: aio& MAYOR CC 4-24-90 Page #7