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CC - 01-24-89r 0 APPROVED MINUTES OF THE REGULAR MEETING CITY OF ROSEibiEAD ROSEMEAD CITY COUNCIL DATE 02 ' JANUARY 24, 1989 BY c The Regular Meeting of the Rosemead City council was called to order by Mayor Bruesch at 8:10 p.m. in the Council Chambers of City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Mayor Pro Tem McDonald. The Invocation was delivered by City Treasurer Foutz. ROLL CALL OF OFFICERS: Present: Councilmen DeCocker, Taylor, Mayor Pro Tem McDonald, and Mayor Bruesch Absent: Councilman Imperial - Excused (Still recovering from the effects of a recent automobile accident.) APPROVAL OF MINUTES: NOVEMBER 22, 1988 - REGULAR MEETING MOTION BY MAYOR PRO TEM McDONALD, SECONDED BY COUNCILMAN TAYLOR, that the Minutes of the Regular Meeting of November 22, 1988, be approved as submitted. Vote resulted: Yes: DeCocker, Taylor, Bruesch, McDonald No: None Absent: Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. APPROVAL OF MINUTES: JANUARY 10, 1989 - REGULAR MEETING These Minutes were deferred to the meeting of February 14, 1989. Staff was directed to obtain a copy of the information being presented to the Public Utilities Commission relating to the request from Cal-American Water Company's request for a rate increase; prepare a formal resolution stating the City of Rosemead's opposition to this increase for adoption at the meeting of February 14, 1989; and directed to contact the city of Duarte to discuss the possibility of sharing the expense of a consultant to represent both Duarte and Rosemead at the formal hearing to be held by the Public Utility Commission (PUC) in March, 1989, and to have this information at the next meeting. I. ORAL COMMUNICATIONS FROM THE AUDIENCE A. Gene Boyd, 3603 Earle Avenue, stated the opinion that the residents of the area should appear in person at the preliminary hearings being held by the PUC to state their opposition to the rate increases proposed by Cal-American Water Company. PRESENTATIONS The City Council presented a plaque to Miles Kitasato, Superintendent for Parks and Recreation, on the occasion of his leaving the City's employment to pursue his career with the city of Commerce. The Council expressed its appreciation to Mr. Kitasato for more than three years of dedicated service. Mayor Bruesch asked that Item V-A - LOCATION OF GAS METERS ON LA PRESA AVENUE be taken out of order because of the number of interested persons present. Mr. Bruesch stated this was strictly between the residents and the Gas Co. and that the City had no authority over the utility. Mr. Bruesch offered these residents the use of the Conference Room to meet with the representatives of the Southern California Gas Company in order to try to resolve this problem. Mr. Bruesch asked that they return later to discuss the results of this meeting. CC 1-24-89 Page #1 II. PUBLIC HEARINGS A. NONE III.LEGISLATIVE A. RESOLUTION NO. 89-5 - CLAIMS & DEMANDS The following resolution was presented to the Council for adoption: RESOLUTION NO. 89-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $336,605.12 NUMBERED 24557-24591 AND 23491 THROUGH 23586 MOTION BY COUNCILMAN TAYLOR, SECONDED BY MAYOR PRO TEM MCDONALD that Resolution No. 89-5 be adopted. Vote resulted: Yes: DeCocker, Taylor, Bruesch, McDonald No: None Absent: Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman DeCocker asked that whenever possible, preference for City work should be given to vendors located within the city of Rosemead. B. RESOLUTION NO. 89-4 - ALLOWING A GF.NFRAL PLAN AMENDMENT FOR PROPERTY LOCATED AT 8849-8869 1/2 MISSION DRIVE The following resolution was presented to the Council for adoption: RESOLUTION NO. 89-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING THE GENERAL PLAN FROM HIGH AND LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL FOR PROPERTY LOCATED AT 8849-8869 1/2 MISSION DRIVE MOTION BY COUNCILMAN TAYLOR, SECONDED BY MAYOR PRO TEM McDONALD that Resolution No. 89-4 be adopted. Vote resulted: Yes: DeCocker, Taylor, Bruesch, McDonald No: None Absent: Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. C. ORDINANCE NO. 636 - RELATING TO CURFEW FOR MINORS The following ordinance was presented to the Council for adoption: ORDINANCE NO. 636 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD RELATING TO CURFEW TO MINORS MOTION BY COUNCILMAN DeCOCKER, SECONDED BY COUNCILMAN TAYLOR that ordinance No. 636 be adopted. Vote resulted: Yes: DeCocker, Taylor, Bruesch, McDonald No: None Absent: Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. CC 1-24-89 Page #2 • E D. ORDINANCE NO. 637 -,REPEALING ORDINANCE NO. 627 WHICH IMPOSED A MORATORIUM ON THE CONSTRUCTION OF MINI-MALLS The following ordinance was presented to the Council for adoption: ORDINANCE NO. 637 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD REPEALING ORDINANCE NO. 627 WHICH IMPOSED A MORATORIUM ON THE ESTABLISHMENT OF MINI-MALLS IN THE CITY MOTION BY MAYOR PRO TEM McDONALD, SECONDED BY COUNCILMAN DeCOCKER that Ordinance No. 637 be adopted. Vote resulted: Yes: DeCocker, Taylor, Bruesch, McDonald No: None Absent: Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. E. ORDINANCE NO. 638 - APPROVING A CHANGE OF ZONE FOR PROPERTY LOCATED AT 8849-8869 1/2 MISSION DRIVE The following ordinance was presented to the Council for adoption: ORDINANCE NO. 638 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING A CHANGE OF ZONE FROM C-1 AND R-1 TO P-D FOR PROPERTY LOCATED AT 8849-8869 1/2 MISSION DRIVE MOTION BY MAYOR PRO TEM McDONALD, SECONDED BY COUNCILMAN DeCOCKER that ordinance No. 638 be adopted. Vote resulted: Yes: DeCocker, Taylor, Bruesch, McDonald No: None Absent: Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. Staff was directed to prepare an agenda item that would add to the CC&R's (Covenants, Conditions and Restrictions) required for P-D owners an explanation that the P-D property being. purchased may be subject to building restrictions disallowing such things as room additions or swimming pools. F. RESOLUTION NO. 89-6 - TO ALLOW REDEVELOPMENT AGENCY PAYMENT FOR CONCRETE REPAIRS AT VARIOUS LOCATIONS The following resolution was presented to the Council for adoption: RESOLUTION NO. 89-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO REDEVELOPMENT AGENCY PAYMENT FOR THE REPAIR OF CURBS, GUTTERS, AND SIDEWALKS AT VARIOUS LOCATIONS IN THE CITY MOTION BY MAYOR PRO TEM McDONALD, SECONDED BY COUNCILMAN TAYLOR that Resolution No. 89-6 be adopted. Vote resulted: Yes: DeCocker, Taylor, Bruesch, McDonald No: None Absent: Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. CC 1-24-89 Page #3 0 0 G. RESOLUTION NO. 89-7 - TO ALLOW REDEVELOPMENT AGENCY PAYMENT FOR THE 1988-89 SLURRY SEAL PROGRAM MOTION BY MAYOR PRO TEM McDONALD, SECONDED BY COUNCILMAN TAYLOR that Resolution No. 89-7 be adopted. Vote resulted: Yes: DeCocker, Taylor, Bruesch, McDonald No: None Absent: Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR (CC-E REMOVED FOR DISCUSSION BY MAYOR BRUESCH) CC-A REQUEST FOR SOLICITATION OF BIDS FOR ROSEMEAD LOW INTEREST LOAN - 4520 DARLOW STREET CC-B REQUEST FOR SOLICITATION OF BIDS FOR ROSEMEAD LOW INTEREST LOAN - 4537 MEAD AVENUE CC-C PROPOSED INCREASE IN AQUATIC SALARIES CC-D AUTHORIZATION TO ATTEND CALIFORNIA PARRS AND RECREATION CONFERENCE - MARCH 9-12, 1989 - SACRAMENTO CC-F ENGINEERING PROPOSAL - 1988-89 SLURRY SEAL PROGRAM CC-G COOPERATIVE AGREEMENT BETWEEN THE ROSEMEAD REDEVELOPMEN AGENCY AND THE CITY OF ROSEMEAD FOR CONCRETE REPAIRS AT VARIOUS LOCATIONS CC-H COOPERATIVE AGREEMENT BETWEEN THE ROSEMEAD REDEVELOPMENT AGENCY AND THE CITY OF ROSEMEAD FOR THE 1988-89 SLURRY SEAL PROGRAM CC-I LIMITED TIME ZONE PARKING IN FRONT OF RICE ELEMENTARY SCHOOL MOTION BY COUNCILMAN TAYLOR, SECONDED BY MAYOR PRO TEM McDONALD that foregoing items on the Consent Calendar be approved. Vote resulted: Yes: DeCocker, Taylor, Bruesch, McDonald No: None Absent: Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. CC-E ENGINEERING PROPOSAL FOR CONCRETE REPAIRS AT VARIOUS LOCATIONS Mayor Bruesch requested that when a project is being funded from unappropriated reserves, that a statement showing the remaining balance be included with the item. Mr. Bruesch asked that the current balance available be presented at the next meeting. MOTION BY MAYOR BRUESCH, SECONDED BY COUNCILMAN TAYLOR that the Council approve the engineering proposal; direct staff to begin preparation of the plans and specifications; and authorize the necessary appropriation for the additional work. Vote resulted: Yes: DeCocker, Taylor, Bruesch, McDonald No: None Absent: Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. CC 1-24-89 Page #4 V. MATTERS FOR DISCUSSION & ACTION A. LOCATION OF GAS METERS ON LA PRESA AVENUE The residents and representatives of the Gas Co. returned from their meeting without satisfactory results having been reached. The City Attorney stated the Council has no involvement or jurisdiction over the gas company in this matter and had agreed to act only in the capacity of mediator. The City Attorney was directed to prepare a report for the Council stating that the city has no jurisdiction over the location of meters by the gas company and if the gas company has a blanket easement on the property to locate meters onto private property without the owner's permission or obtaining an easement. Mr. Krause, representing the Southern California Gas Company, stated that a misunderstanding had occurred and the meters had been relocated from parkway vaults to the fronts of some homes in error. The City did not tell the gas company to move these meters. It was added that if any resident wanted the meter moved back to the parkway, that would be done at no expense to the property owner but that if the owner desired the meter relocated to the side of the dwelling the owner would be responsible for that expense. Mr. Krause pointed out that parkway meters were not as safe as those located at the dwelling or as easy for the owner to turn off in case of an earthquake and that eventually they will need to be replaced because of deterioration of the pipes. Mr. Krause also stated the policy of meter relocation at the time street reconstruction is done in the City. The gas company agreed to meet with the individual homeowners to settle the question of meter location. Councilman DeCocker asked for the gas company's position on meter location for the other reconstruction projects coming-up in the City. Councilman Taylor requested that this be on the next Agenda for further discussion. Staff was directed to prepare a list of the homeowners involved including who had requested relocation of their meters and who had not and to track the negotiations for presentation at the next meeting. 1. Fred Todd, 2611 La Presa Avenue, asked that all residents on La Presa be contacted because not all had been able to attend the meeting. 2. Aide Landeros, 2607 La Presa Avenue, asked for clarification of the gas company's legal right to move the meters onto private property without permission of the owner. 3. Mark Duran, Earlswood Avenue, stated that the gas company told him they have a 7-foot easement. VI. STATUS REPORTS A. NONE VII.MATTERS FROM OFFICIALS A. COUNCILMAN TAYLOR 1. Asked for the December report on the CDBG projects. B. MAYOR PRO TEN MCDONALD 1. Listed the accomplishments of the Council during 1988 including the Jess Gonzalez Sports Complex; the passage of the "no and low" property tax legislation; the adoption of the General Plan; CC 1-24-89 Page #5 • 0 completion of the infrastructure report; adoption of the mini-mall ordinance; passage of the R-2 ordinance; relocation of Freeway Nissan; and an agreement with the L.A. Auto Auction to beautify and improve its location. Mr. McDonald commended his colleagues for these efforts on behalf of the Rosemead citizens. Mayor Bruesch added the senior bus pass subsidy and the increase in the shuttle bus ridership to Mr. McDonald's list. C. MAYOR BRUESCH 1. Asked staff to determine if trucks were required to make their deliveries at night, in order to help alleviate smog and traffic congestion during the day, if there would be any violation of the City's noise ordinance. 2. Asked that the City support the anti-assault rifle legislation. Councilman Taylor suggested a resolution of support for this legislation to ban assault rifles be on the next agenda. VIII.ORAL COMMUNICATIONS A. Juan Nunez, 2702 Del Mar Avenue, expressed the opinion that the new block wall at the Auto Auction will attract graffiti and was concerned that the smaller lot size allowed in the P-D zone would have an adverse effect on density. B. John Steelesmith of Southern California Edison, introduced Enid Joffe who will be taking his place since his promotion in the company. IX. CLOSED SESSION - LITIGATION The City Council met in a closed session to discuss pending litigation, Kimbo Distributors/Federico Franco v. City of Rosemead, a case dealing with newsracks, the Council directed the City Attorney to communicate to Council regarding an attorney's fee motion and take appropriate action. There being no further action to be taken at this time, the meeting was adjourned at 10:30 p.m. The next regular meeting is scheduled for February 14, 1989. Respectfully submitted: U~e ri y Clerk CC 1-24-89 Page #6