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