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CC - 02-27-90• • APPROVED, MINUTES OF THE REGULAR MEETING CITY OF ROSE111EAD ROSEMEAD CITY COUNCIL DAT3 FEBRUARY 27, 1990 BY The Regular Meeting of the Rosemead City Council was called to order by Mayor McDonald at 8:05 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 Chaplain Marge Lester of the California Christian Home. ROLL CALL OF OFFICERS: Present: Councilmen Bruesch, DeCocker, Taylor, Mayor Pro Tem Imperial, and Mayor McDonald Absent: None APPROVAL OF MINUTES: FEBRUARY 13, 1990 - REGULAR MEETING Councilman Taylor requested that the following addition be made to Pages #4 and #5, Items III-C and III-D...."and should be paid for with City funds." MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that the Minutes of the Regular Meeting of February 13, 1990, be approved as amended. Vote resulted: Yes: DeCocker, Taylor, McDonald, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. The Council presented a Resolution of Appreciation to Beth Wyckoff in recognition of her more than twenty years of service to the City of Rosemead. Ms. Wyckoff thanked the Council and expressed her appreciation to the Council and staff for the years of cooperation in the performance of her duties as public relation officer for the City of Rosemead. Ms. Wyckoff also presented a packet to the Council that contained a copy of every City newsletter since 1969. Ms. Wyckoff expressed her gratitude to Joe Friezer, acclaimed photo journalist, for his years of service in photographing.various events for the City. Mayor Pro Tem Imperial recognized the presence of former Councilwoman and Mayor Roberta Trujillo. I. ORAL COMMUNICATIONS - None II. PUBLIC HEARINGS An explanation of the procedures for the conduct of public hearings was presented by the City Attorney. The City Clerk then administered the oath to all those persons wishing to address the Council on any public hearing item. A. A PUBLIC HEARING TO CONSIDER IMPOSED-BY URGENCY ORDINANCE ISSUANCE OF BUILDING AND OTH] PROPERTIES WITHIN SPECIFIED MARSHALL STREET ON THE NORTH LINDA LEE STREET ON THE EAST 660 THE EXTENSION OF THE MORATORIUM NO. 658 WHICH RESTRICTS THE K2 PERMITS FOR CERTAIN USES OF kREAS OF THE CITY BOUNDED BY HART STREET ON THE WEST AND AND ADOPTION OF ORDINANCE NO. The Mayor opened the public hearing and there being no one wishing to speak, the public hearing was closed. CC 2-27-90 Page 41 i • The following ordinance was presented to the Council for adoption: ORDINANCE NO. 660 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD EXTENDING THE MORATORIUM CREATED BY ORDINANCE NO. 658 ON ISSUANCE OF BUILDING AND OTHER PERMITS FOR CERTAIN USES OF PROPERTIES WITHIN SPECIFIED AREAS OF THE CITY AND DIRECTING THE PLANNING COMMISSION TO INITIATE A STUDY WITH RESPECT TO THE PROPER ZONING AND GENERAL PLAN LAND-USE DESIGNATION OF THE SUBJECT PROPERTIES MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN DeCOCKER that ordinance No. 660 be adopted and that staff be directed to initiate a zone change from PO-D to R-1 for the affected properties. Vote resulted: Yes: DeCocker, Taylor, No: None Absent: None Abstain: None McDonald, Bruesch, Imperial The Mayor declared said motion duly carried and so ordered. III.LEGISLATIVE A. RESOLUTION NO. 90-13 - CLAIMS & DEMANDS The following resolution was presented to the Council for adoption: RESOLUTION NO. 90-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $687,550.96 NUMBERED 28795-28834 AND 27237 THROUGH 27337 MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM IMPERIAL that Resolution No. 90-13 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. This amount reflects the voiding of Check No. 27271 in the amount of $46,518.08. Councilman Bruesch requested the backup information on voided Check No. 27271 when it is received by the City. B. RESOLUTION NO. 90-14 - AMENDING RESOLUTION NO. 89-71 TO EXTEND THE HOURS THE POLLS WILL BE OPEN FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD ON APRIL 10, 1990 The following resolution was presented to the Council for adoption: RESOLUTION NO. 90-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING RESOLUTION NO. 89-71 AS IT RELATES TO THE HOURS THAT THE POLLS WILL BE OPEN FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 10, 1990, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES CC 2-27-90 Page #2 C: MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM IMPERIAL that Resolution No. 90-14 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. 90-15 - SUPPORTING THE PROCUREMENT OF PRODUCTS CONTAINING RECYCLED MATERIALS The following resolution was presented to the council for adoption: RESOLUTION NO. 90-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD SUPPORTING THE PROCUREMENT OF PRODUCTS CONTAINING RECYCLED MATERIALS MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM IMPERIAL that Resolution No. 90-15 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. D. ORDINANCE NO. 657 - AMENDING THE ROSEMEAD MUNICIPAL CODE REGARDING LIMITATIONS ON CONSTRUCTION CONTAINED IN THE COVENANTS, CONDITIONS AND RESTRICTIONS (CC&Rs) FOR RESIDENTIAL PLANNED DEVELOPMENT (P-D) PROJECTS - ADOPT The following ordinance was presented.to the Council for adoption: ORDINANCE NO. 657 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING THE ROSEMEAD MUNICIPAL CODE REGARDING LIMITATIONS ON CONSTRUCTION CONTAINED IN THE COVENANTS, CONDITIONS AND RESTRICTIONS (CC&Rs) FOR RESIDENTIAL PLANNED DEVELOPMENT (P-D) PROJECTS MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN BRUESCH that ordinance No. 657 be adopted. Vote resulted: Yes: DeCocker, Taylor, No: None Absent: None Abstain: None McDonald, Bruesch, Imperial The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR (CC=C, CC-D AND CC-F REMOVED FOR DISCUSSION) CC-A ACCEPT BIDS AND AWARD CONTRACT FOR TRAFFIC SIGNAL MODIFICATIONS IN GARVEY AVENUE AT DEL MAR AND WALNUT GROVE AVENUES AND VALLEY BOULEVARD AT WALNUT GROVE AVENUE TO RAYMOR ELECTRIC COMPANY IN THE AMOUNT OF $73,879.00 CC-B APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SEER BIDS FOR 1989-90 SLURRY SEAL ON VARIOUS STREETS CC-E JOINT 1990 CENSUS OUTREACH PROJECT PROPOSAL - ASIAN PACIFIC FAMILY CENTER AND FAMILY COUNSELING SERVICE OF WEST SAN GABRIEL VALLEY CC 2-27-90 Page #3 E MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN DeCOCKER 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-C MEMBERSHIP IN THE LOCAL GOVERNMENT , INC. MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM IMPERIAL that membership in this organization be authorized for Councilman Bruesch. 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-D APPROVAL OF CITY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND PROJECTED USE OF FUNDS FOR FY 1990-91 Councilman Taylor stated his intention to vote no on this item, citing the opinion that the City does not need another Code Enforcement officer. MOTION BY COUNCILMAN DeCOCKER, SECOND BY COUNCILMAN BRUESCH that the Council approve the City's Statement of objectives regarding the projected use of CDBG program funds for fiscal year 1990-91 and authorize the City Clerk to transmit this requirement to the Los Angeles County CDC. Vote resulted: Yes: DeCocker, McDonald, Bruesch, Imperial No: Taylor Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC-F 1989-90 BUDGET AMENDMENT REGARDING FORFEITURE AND SEIZURE LAW ENFORCEMENT FUNDS Councilman Bruesch expressed concerns that these funds would supplant monies already budgeted for law enforcement programs; in particular the S.A.N.E. program. Frank G. Tripepi, City Manager, stated that these funds would supplant the funds in the existing budget but would allow the expansion of the S.A.N.E. program. MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN DeCOCKER that the Council establish the Forfeiture and Seizure of Law Enforcement Fund and amend the 1989-90 budget. 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. LANDSCAPED PARKING LANE PLANTERS ALONG VALLEY BOULEVARD Mayor Pro Tem Imperial requested that this project be budgeted and completed as soon as possible. CC 2-27-90 Page #4 MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN BRUESCH that this project be coordinated with the undergrounding of the utilities on Valley Boulevard to be completed by early summer. 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. PROPERTY LINE MARKER REPLACEMENT POLICY Alfonso Rodriguez, City Engineer, noted that this marker must be located by a licensed surveyor before it may be removed and replaced. This policy will be followed automatically wherever a marker is in existence. MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN DeCOCKER that the Council adopt such a policy. Vote resulted: Yes: DeCocker, Taylor, No: None Absent: None Abstain: None McDonald, Bruesch, Imperial The Mayor declared said motion duly carried and so ordered. C. SUPPORT OF S.346 (WIRTH) - "TONGESS TIMBER REFORM ACT" MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN BRUESCH that the Council authorize the Mayor to forward appropriate correspondence to U.S. Senators Cranston and Wilson. Vote resulted: Yes: DeCocker, Taylor, McDonald, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. D. REQUEST BY MODERN SERVICE FOR AN INCREASE IN THE DUMP FEE SUBSIDY Frank G. Tripepi, City Manager, summarized the results of the recent trash audit conducted in the City. Mr. Tripepi noted Modern Service's contention that this was a light tonnage month. Mayor Pro Tem Imperial stated his intention to vote no on this item. Councilman Bruesch stated the opinion that this was a fair request; that the tonnage was there. Councilman Taylor stated his intention to vote no on this item and requested a revised report listing the daily trips to the dump. Mr. Taylor added that he would meet with staff to work out an appropriate format. Mr. Bruesch noted that approximately 80% of the trips were going to Puente Hills. MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN DeCOCKER that the Council adjust the tonnage used in calculating the dump fee subsidy to 4,395 tons per month and that the Council authorize $18,704.00 from appropriated reserves to cover the costs of the increased subsidy for the remainder of FY 89-90 retroactive to February 1, 1990. Vote resulted: Yes: DeCocker, McDonald, Bruesch No: Taylor, Imperial Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC 2-27-90 Page #5 Mayor Pro Tem Imperial stated that he voted no on this item because he did not feel that the evidence produced was conclusive. Mayor McDonald asked the Council if it wanted to consider making the subsidy request retroactive to September 26, 1989. This suggestion died for lack of a motion. VI. STATUS REPORTS - None VII. MATTERS FROM OFFICIALS A. COUNCILMAN DeCOCRER 1. Asked for clarification of the hours that the Auto Auction may unload inside its gates and referred to Condition of Approval No. 5 stating that loading and unloading of vehicles from transport trucks or other similar vehicles be permitted between the restaurant and the office building on the Auto Auction property between the hours of 9:00 p.m. and 8:00 a.m. daily. Frank G. Tripepi, City Manager, stated that during normal business hours loading and unloading may take place at any location on their property and that this restriction was for the protection of the neighboring residents during the nighttime hours of operation. VIII. ORAL COMMUNICATIONS - None IX. CLOSED SESSION TO DISCUSS LITIGATION Pursuant to Government Code Section 54956.9 of the Government Code, the City Council convened in a closed session to discuss Transportation Leasing Company vs. State of California regarding the operating Industries landfill. The City Council took action by a vote of four to one, Councilman Taylor voting no, to approve a contract for legal services with the firm of Richards, Watson and Gershon. That was the only action taken. Councilman Taylor stated that his vote was not against the law firm but was against the concept of the initiation of this lawsuit against the cities. There being no further action to be taken at this time, the meeting was adjourned at 9:12 p.m. The next regular meeting is scheduled for March 13, 1990 at 8:00 p.m. Respectfully submitted: APB VED: A it G (.C/ ty Clerk MAYOR CC 2-27-90 Page #6