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CC - 08-23-88• APPROVE, D MINUTES OF THE REGULAR MEETING CITY OF ROSI:IEAD ROSEMEAD CITY COUNCIL DATE" AUGUST 23, 1988 BY The Regular Meeting of the Rosemead City Council was called to order by Mayor Bruesch at 8:03 p.m. in the Council Chambers of City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Councilman DeCocker. The Invocation was delivered by Pastor Steve Marshall of the United Methodist Church. ROLL CALL OF OFFICERS: Present: Councilmen DeCocker, Imperial, Taylor, Mayor Pro Tem McDonald, and Mayor Bruesch Absent: None APPROVAL OF MINUTES: AUGUST 9, 1988 - REGULAR MEETING Councilman Taylor requested that his statement on Page #5, 1st paragraph relating to the location of the proposed storage lot of the Auto Auction be amended to show that he was primarily concerned with the proximity of the storage lot to the residents. MOTION BY MAYOR PRO TEM MCDONALD, SECONDED BY COUNCILMAN TAYLOR that the minutes of the Regular Meeting of August 9, 1988 be approved as amended. Vote resulted: Yes: DeCocker, Taylor, McDonald, Imperial No: None Absent: None Abstain: Bruesch The Mayor declared said motion duly carried and so ordered. Mayor Bruesch stated his abstention was because he had not attended that meeting. PRESENTATIONS: Resolutions were presented to Captain Lou Cervantes, Fireman James Wheeler, and all the personnel of Engine Company 42 of the Los Angeles County Fire Department, and to Sergeant James Kaylor from the Los Angeles County Sheriff's Department for their actions which saved the life of a Rosemead child. I. ORAL COMMUNICATIONS FROM THE AUDIENCE No II. PUBLIC HEARINGS Robert Kress, City Attorney, explained the procedures for the conduct of public hearings. The City clerk administered the oath to all those persons wishing to address the Council on any public hearing item. Item II-B was heard out of order to accommodate the members of the audience. B. A PUBLIC HEARING TO CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION REGARDING A REQUEST FROM GARVEY COUNCIL PTA/J.A. BLASH SHOWS FOR A CONDITIONAL USE PERMIT ALLOWING A CARNIVAL TO BE HELD FOR FOUR (4) DAYS, ONCE-A-YEAR FOR A THREE-YEAR PERIOD STARTING ON SEPTEMBER 1, 1988 THROUGH SEPTEMBER 4, 1988, AT 2720 N. JACKSON AVENUE, ROSEMEAD (CUP 88-423) CC 8-23-88 Page 41 Councilman Imperial apologized to the Garvey PTA for the problems they had encountered with the Planning commission over this project and moved the approval of this item for the three years requested and suggested removing it from the purview of the Planning Commission in the future. The Mayor opened the public hearing and there being no one wishing to speak in opposition, the public hearing was closed. Councilman Taylor stated the opinion that this item should be kept in the Planning Department for the review process by the Planning Commission every year. Mr. Taylor's only opposition was to the three-year period and this because of changes in circumstances that could occur, and the possibility of establishing preferential treatment for a specific organization. Councilman Imperial stated that the PTA had had problems with the Planning Commission granting carnival approval last year, also. Mr. Taylor stated that if there was a problem with this item going through the Planning Commission, and the review of the Commission's minutes seemed to indicate such was the case, then possibly the Council needed to look at the Planning Commission. Councilman Imperial concurred with Councilman Taylor. MOTION BY MAYOR PRO TEM McDONALD, SECONDED BY COUNCILMAN TAYLOR that the Council overturn the Planning Commission decision; approve Conditional Use Permit 88-423 subject to the conditions outlined in the Planning Department staff report; and have it reviewed each year by the Planning Commission., Vote resulted: Yes: DeCocker, Taylor, Bruesch, McDonald, Imperial No: None The Mayor declared said motion duly carried and so ordered. A five-minute recess was called at 8:35 p.m. and the meeting was reconvened accordingly. A. A PUBLIC HEARING TO CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION REGARDING A REQUEST FROM TAIT & ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR A SERVICE STATION WITH A FOODMART AT 3302 DEL MAR AVENUE, ROSEMEAD, DBA CIRCLE K(CUP 88-405) - CONTINUED FROM JULY 26, 1988 The Mayor reopened the public hearing. Stephen Jamieson, 426 Culver Boulevard, Playa del Rey, the attorney representing the Circle K stores, refuted the findings of the Planning Commission and asked the Council to approve this request. Mr. Jamieson stated Circle K cannot make money at this location by selling gasoline only. There will be no beer, wine, or video games at this location. There being no one wishing to speak in opposition, the public hearing was closed. Councilman Taylor was concerned with the possibility of loitering occurring with regard to the hours of operation, and stated that if such a problem should develop, additional restrictions might be imposed if this conditional use permit was granted. MOTION BY MAYOR PRO TEM McDONALD, SECONDED BY COUNCILMAN TAYLOR that the Council overturn the decision of the Planning commission; approve Conditional Use Permit 88-405 subject to the conditions outlined in the Planning Commission staff report; and review the operation in one year. Before vote could result, Mayor Bruesch added a condition to prohibit video games at this location, at any time. CC 8-23-88 Page #2 • • The applicant requested that their plan be modified to show the relocation of the store to the alley side and the withdrawal of the variance for a side yard setback. Councilman Imperial stated he was opposed to this project citing problems the City has encountered with similar types of establishments and his intention to vote against this. Councilman DeCocker added a condition that would require the pay telephones to be located inside the store, rather than outside. There being no further discussion, vote resulted on the aforementioned motion with the addition of the conditions that no video games be allowed; the telephones be relocated to inside the store; and the building be relocated: Yes: DeCocker, Taylor, Bruesch, McDonald No: Imperial The Mayor declared said motion duly carried and so ordered. Councilman Imperial stated his opposition was because this type of business is uncontrollable as far as adverse activities are concerned. C. A PUBLIC HEARING TO CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION REGARDING A REQUEST FROM INTERSTATE CONSOLIDATED INDUSTRIES FOR TENTATIVE PARCEL MAP NO. 18822 IN ORDER TO CREATE AN 11-LOT SUBDIVISION OF PROPERTY LOCATED AT 3530-3688 ROSEMEAD BOULEVARD, DBA ROSEMEAD SQUARE (PM 18822) Councilman DeCocker stated the opinion that this item should have been returned to the Planning Commission because of changes that had been made since the Planning Commission originally heard this request. Robert Kress, City Attorney, stated that the Planning Commission had chosen to deny this item rather than continue it and allow the applicant to amend its request. The applicant would not be restricted from presenting its amended version to the Council as part of its appeal. Councilman Taylor was concerned with the proposed location of the health club adjacent to the residential area and traffic circulation. Mr. Taylor stated the opinion that the Planning commission may have acted inappropriately by not allowing the applicant-a chance to amend the plan, and added that since this item appeared to be controversial the Planning Commission chose to send it to the Council rather than act on it themselves. It was noted that there were attending who were in opposition were in favor of the project. approximately 30-40 persons to this project. Only 3 persons Vicki Joseph, 9232 Glendon Way, stated disapproval of the width of the proposed street realignment. Anna Harlowe, 9243 E. Marshall, stated opposition to any improvements being allowed at Rosemead Square. Fred MacMurdo, representing Interstate Consolidated Industries, 3960 Via Oro, Long Beach, withdrew the appeal, stating that other alternatives would be explored. A five-minute recess was called at 9:40 p.m. and the meeting was reconvened accordingly. III.LEGISLATIVE A. RESOLUTION NO. 88-43 - CLAIMS & DEMANDS CC 8-23-88 Page #3 • • The following resolution was presented to the council for adoption: RESOLUTION NO. 88-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN SUM OF $335,217.49 NUMBERED 1069-1089 AND 22403 THROUGH 22523 MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN DeCOCKER that Resolution No. 88-43 be adopted. Vote resulted: Yes: DeCocker, Taylor, Bruesch, McDonald, Imperial No: None The Mayor declared said motion duly carried and so ordered. B. ORDINANCE NO. 630 - APPROVING A CHANGE OF ZONE FROM R-2 TO M-11) FOR PROPERTY LOCATED AT 2746 MUSCATEL AVENUE -ADOPT (ZC 88-157 AND GENERAL PLAN AMENDMENT 88-1) MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that Ordinance No. 630 be adopted. Vote resulted: Yes: DeCocker, Taylor, Bruesch, McDonald, Imperial No: None The Mayor declared said motion duly carried and so ordered. C. RESOLUTION NO. 88-44 - ALLOWING A GENERAL PLAN AMENDMENT FOR PROPERTY LOCATED AT 2746 MUSCATEL AVENUE (GPA 88-1) MOTION BY COUNCILMAN TAYLOR, SECONDED BY MAYOR PRO TEM McDONALD that Resolution No. 88-44 be adopted. Vote resulted: Yes: DeCocker, Taylor, Bruesch, McDonald, Imperial No: None The mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR (CC-G AND CC-H REMOVED FOR DISCUSSION) CC-A CLAIM AGAINST THE CITY - ALBA PATTERSON Recommendation: Rejection CC-B MEMBERSHIP TO THE SOUTHERN CALIFORNIA"WATER' COMMITTEE CC-C ATTENDANCE AT CALIFORNIA CONTRACT CITIES ASSOCIATION'S ANNUAL FALL SEMINAR AND FIESTA, OCTOBER 28-30, 1988, VENTURA HARBOR CC-D ACCEPTANCE OF ROAD DEEDS AND PERMITS-TO-ENTER - PROSPECT AVENUE (HELLMAN AVENUE/EMERSON PLACE) CC-E ACCEPTANCE OF WORK - CONCRETE REPAIRS AT VARIOUS LOCATIONS CC-F RENEWAL OF AGREEMENT - GRAFFITI REMOVAL, INC. CC-I ATTENDANCE AT ECONOMIC DEVELOPMENT CONFERENCE, OCTOBER 31 THROUGH NOVEMBER 1, 1988 IN SAN DIEGO CC-J IVAR AVENUE - PARKING RESTRICTIONS MOTION BY MAYOR PRO TEM McDONALD, SECONDED BY COUNCILMAN IMPERIAL that the foregoing items on the Consent Calendar be approved. Vote resulted: Yes: DeCocker, Taylor, Bruesch, McDonald, Imperial No: None The Mayor declared said motion duly carried and so ordered. CC 8-23-88 Page #4 C Councilman Imperial introduced Mr. Gil DeLaRosa, Councilman from Pico Rivera. Mr. DeLaRosa is a member of the California Water Advisory Committee. CC-G UNIVERSAL SQUARE - REDESIGN AND MODIFICATION OF PARKING LOT Mayor Bruesch expressed concerns with the parking. Councilman Imperial was concerned with adequate security and cited problems with vagrants in the past. Mr. Barnett, the architect for Universal Square, stated that a gate had been considered but was rejected because of the logistics involved. Councilman DeCocker requested that the parking for compact vehicles be relocated; questioned the width of the one-way driving lane; and asked that wheel stops be installed to prevent pulling into the one-way lane from the parking spaces. MOTION BY MAYOR PRO TEM McDONALD, SECONDED BY COUNCILMAN TAYLOR that the council approve the design concept for universal Square Shopping Center, as amended. Vote resulted: Yes: DeCocker, Taylor, Bruesch, McDonald, Imperial No: None The Mayor declared said motion duly carried and so ordered. Councilman Imperial stated he had reservations with the new owner of the center not providing adequate security for the vehicles and people who have to use the back alley. Mayor Bruesch stated concerns with the size of the new stores. CC-H AWARD OF BID - STREET SWEEPING AGREEMENT (UNIVERSAL SWEEPING SERVICES) Vart Samuleian, 11914 Front St., Norwalk, representing Joe's Sweeping Service, objected to not having been awarded this bid. Frank G. Tripepi, City Manager, explained that Mr. Samuleian had been notified that his bid was incomplete and non-responsive, thereby supporting the staff recommendation that the bid from Joe's Sweeping Services be rejected. Juan Nunez, 2702 Del Mar Avenue, stated that the current sweeper did not appear to be using the proper amount of water; noting the amount of dust that was stirred up. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN DeCOCKER that the council reject the bid submitted by Joe's Sweeping Company as being non-responsive; award the contract for street sweeping services to Universal Sweeping Services; and authorize the Mayor's signature on the required documents. Vote resulted: Yes: DeCocker, Taylor, Bruesch, McDonald, Imperial No: None The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION AND ACTION A. MONTHLY BUS PASS SUBSIDIES FOR THE ELDERLY AND THE HANDICAPPED Lawrence Duke, 8111 Garvey Avenue, requested the Council's approval of this item to assist the seniors and handicapped in the Community who are living on fixed incomes. This pass would allow for increased freedom of movement to areas not currently covered by the City's Dial-a-Ride program. CC 8-23-88 Page #5 0 • MOTION BY MAYOR PRO TEM McDONALD, SECONDED BY COUNCILMAN IMPERIAL that the city Council grant a $6.00 per month bus pass subsidy for the elderly and the handicapped based on the criteria for such discounts as set by the Southern California Rapid Transit District. Vote resulted: Yes: DeCocker, Taylor, Bruesch, McDonald, Imperial No: None The Mayor declared said motion duly carried and so ordered. VIII.ORAL COMMUNICATIONS FROM THE AUDIENCE A. Cherrine Kelly, 9229 Pitkin, aged 13, stated opposition to the 14 year-olds being charged an adult fee but not being allowed to swim during the hours reserved for adults (over 18 years of age). Staff was directed to establish a rate structure for 14 to 18 years of age and for 18 years of age and older and return this to the Council on the next agenda. VII. MATTERS FROM OFFICIALS A. COUNCILMAN IMPERIAL 1. Asked staff to investigate an illegal garage conversion on Bentel Avenue. 2. Stated that the asphalt has sunk at the driveway onto Lawrence Street from'the new shopping center on Rosemead Boulevard between Lawrence Street and Ivar Avenue and requested it be corrected. There being no further action to be taken at this time, the meeting was adjourned at 10:40 P.M. in the memory of Councilman Imperial's infant grandson, Jay Jeffrey Imperial, who passed away last week, to August 30, 1988, at 7:00 p.m. for a study session discussing the Infrastructure Management Report. Respectfully submitted: C'fiNl2G-E~ W G7M2k/~~ y Clerk CC 8-23-88 Page #6