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CC - 06-28-880 APPROVED CITY OF ROS-MEAD DATr.. 7-1~,2 - MINUTES OF THE REGULAR MEETING BY. ROSEMEAD CITY COUNCIL JUNE 28, 1988 r i The Regular;Meeting of the order by Mayor Bruesch at 8:09 Hall, 8838 E. Valley Boulevard, The Pledge to the Flag was Rosemead City Council was called to p.m. in the Council Chambers of City Rosemead, California. led by Councilman DeCocker. The Invocation was delivered by Reverend Tom Phillips. ROLL CALL OF OFFICERS: Present: Councilmen DeCocker, Imperial, Taylor, Mayor Pro Tem McDonald, and Mayor Bruesch Absent: None APPROVAL OF!MINUTES: JUNE 14, 1988 - REGULAR MEETING Mayor Bruesch asked that on Page #7, Item B-1 be amended to read "...pieces of property and one piece of property is being damaged". i Mayor Bruesch also noted that the word "commission" on page #7 should have been "committee." MOTION BY COUNCILMAN TAYLOR, SECONDED BY.COUNCILMAN DeCOCKER that the Minutes of the Regular Meeting of June 14, 1988 be approved as amended. Vote resulted: I Yes: DeCocker, Taylor, Bruesch, McDonald No: None Abstain: Imperial i t The Mayor declared said motion duly carried and so ordered. Councilman Imperial stated the reason for his abstention was . I because of his absence from the previous meeting due to illness. Mayor Bruesch presented an award from the State of California, Office of Emergency Services, to the City of Rosemead commending staff for the efforts made during the earthquake of October, 1987. Mayor Bruesch also added the Council's appreciation to members of staff. I. ORAL COMMUNICATIONS FROM THE AUDIENCE A. None II. PUBLIC HEARINGS A. A PUBIliIC HEARING TO CONSIDER AN EXTENSION OF UP TO TWELVE (12) MONTHS OF THE MORATORIUM IMPOSED BY ORDINANCE NO. 611 WHICH:RESTRICTS THE ESTABLISHMENT OF MINI-MALLS IN THE CITY WHILEjDEVELOPMENT STANDARDS ARE BEING STUDIED. The Mayor opened the public hearing and the oath was issued to all persons wishing to address the Council. I Juan Nunez, 2702 Del Mar, spoke in favor of this extension. There being no one else wishing to speak, the public hearing was closed. ; A-1 ORDINANCE NO. 627 - EXTENSION AND DEFINITION AMENDMENT TO ORDINANCE NO. 611 REGULATING MINI-MALLS - ADOPT The following ordinance was presented to the Council for adoption: CC 6-28-88 Page #1 ORDINANCE NO. 627 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD EXTENDING THE MORATORIUM CREATED BY ORDINANCE NOS. 608 AND 611 ON THE ESTABLISHMENT OF MINI-MALLS IN THE CITY OF ROSEMEADIAND DIRECTING THE PLANNING COMMISSION TO CONTINUE A STUDY WITH RESPECT TO DEVELOPING APPROPRIATE ZONING REGULATIONS GOVERNING SUCH USES i Mayor Bruesch+expressed concerns over the size limitations that are being proposed; specifically Section 3, less than 45,000 square feet. Councilman Taylor asked that while this is being considered by the Planning Commission, a minimum width requirement be established in the construction of the stores in the mini-malls. i Mayor Bruesch:concurred with Mr. Taylor's request and asked that the lot size definition be clarified. MOTION BY MAYOR PRO TEM MCDONALD, SECONDED BY COUNCILMAN IMPERIAL that ordinance Noy. 627 be adopted and reading in full be waived. Vote resulted: Yes: DeCocketr, Taylor, Bruesch, McDonald, Imperial No: None I The Mayor decilared said motion duly carried and so ordered. III.LEGISLATIVE t A. RESOLUTION NO. 88-28 - CLAIMS & DEMANDS The following resolution was presented to the Council for adoption: RESOLUTION NO. 88-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWINd CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $627,650.60 NUMBERED 00950-00989/22332 THROUGH 22398 MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN DeCOCKER that Resolution go. 88-23 be adopted. Vote resulted: I Yes: DeCocker, Taylor, Bruesch, McDonald, Imperial No: None The Mayor declared said motion duly carried and so ordered. B. ORDINANCE NO. 626 - REGULATING SKATEBOARDING IN COMMERCIAL AREAS AND AMENDING THE ROSEMEAD MUNICIPAL CODE - INTRODUCE 1 The following ordinance was presented to the Council for introduction: I ORDINANCE NO. 626 I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD REGULATING SKATEBOARDING IN COMMERCIAL AREAS AND AMENDING THE ROSEMEAD MUNICIPAL CODE Councilman Imperial made the statement that skateboards are becoming a hazard to foot traffic in the City and that users are ignoring trafficisafety. Mr. Imperial expressed the opinion that users need to beiin a controlled environment and asked the Council to consider converting the motor bike park into a skateboard area. r CC 6-28-88 Page #2 Councilman McDonald requested that the ordinance include the phrase "skateboards that are used in a reckless manner" so that persons using skateboards safely as a means of transportation would not be penalized. I Councilman Taylor expressed concerns that such a blanket phrase might become a ioophole in the ordinance. The ordinance, as written, grants discretionary powers to the law enforcement officer seeing the infraction to give a warning or citation, as needed. At the same time it would allow the officer to ignore the offense if no harm is being done. Mayor Bruesch opined that skateboarding should not be allowed down the middle!of the City streets. I Juan Nunez„ 2702 Del Mar, stated he was in favor of this ordinance. Mr.INunez stated that skateboarders place ramps on the sidewalks and this causes an additional hazard to pedestrian traffic. Councilman Taylor requested a separate ordinance be drafted to address the issue of ramps or other apparatus blocking sidewalks. Gene Boyd, 3603 Earle, spoke in opposition to this ordinance. MOTION BY MAYOR PRO TEM McDONALD, SECONDED BY COUNCILMAN TAYLOR that reading in~full be waived and Ordinance No. 626 be introduced with the addition of "except in a reasonable and prudent manner." Vote resulted: i Yes: DeCocker, Taylor, McDonald, Imperial No: Bruesch i The Mayor declared said motion duly carried and so ordered. Mayor Bruesch stated the reason for his "NO" vote was because of his opinion that the definition of shopping district was too nebulous and because he feared future restrictions of similar activities. i Mayor Bruesch introducted Al Pinon, who was appointed to the Traffic Commission on June 21, 1988. A five-minute recess was called and the meeting was reconvened accordingly. C. RESOLUTION NO. 88-29 - GRANTING COUNTY JURISDICTION OVER SEGMENTS OF GRAVES AVENUE, NEW AVENUE, AND SAN GABRIEL BOULEVARD FOR CONSTRUCTION PURPOSES. The following resolution was presented to the Council for adoption: { RESOLUTION NO. 88-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, CONSENTING TO ESTABLISHMENT OF PORTIONS OF GRAVESIAVENUE, NEW AVENUE, AND SAN GABRIEL BOULEVARD WITHIN SAID CITY AS A PART OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOSi ANGELES Juan Nunez,12702 Del Mar, asked for clarification of this project with respect tolthe underground drainage system. Frank G. Tr~ipepi, City Manager, stated that the project calls for a new flow line!to be established by the new curb and gutter and this drain into catch basins under the street. i Mayor Bruesch asked that a memo from the County regarding the drainage plan and including a drainage map be provided to the members of the Council 'and to Mr. Nunez. i CC 6-28-88 Page #3 0 ! , , , , MOTION BY MAYOR PRO TEM McDONALD, SECONDED BY COUNCILMAN IMPERIAL that Resolution No. 88-29 be adopted. Vote resulted: Yes: DeCock4ter, Taylor, Bruesch, McDonald, Imperial No: None , I The Mayor declared said motion duly carried and so ordered. D. RESOLUTION NO. 88-30 - ADOPTION OF CITY OF ROSEMEAD'S 1988-89 APPROPRIATIONS LIMIT AND ANNUAL REPORT i The following resolution was presented to the Council for adoption: I RESOLUTION NO. 88-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING AN APPROPRIATIONS LIMITATION FOR THE 1988-89 FISCAL YEAR AND ADOPTING THE ANNUAL BUDGET FOR FISCAL YEAR 1988-89, MAKING APPROPRIATIONS FOR THE AMOUNTS BUDGETED MOTION BY COUNCILMAN IMPERIAL, SECONDED BY MAYOR PRO TEM McDONALD that ResolutionjNo. 88-30 be adopted. Vote resulted: Yes: DeCocker, Bruesch, McDonald, Imperial No: Taylo The Mayor declared said motion duly carried and so ordered. Councilman Taylor stated the reason for his "NO" vote was stated at the Budget Study Session held on May 14, 1988. E. RESOLUTION NO. 88-31 - REDEVELOPMENT AGENCY PARTICIPATION IN THE GRAVES AVENUE RECONSTRUCTION PROJECT The following resolution was presented to the Council for adoption: j RESOLUTION NO. 88-31 A RESOLUTION OF THE ROSEMEAD CITY COUNCIL MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO REDEVELOPMENT AGENCY PARTICIPATION IN THE GRAVES AVENUE RECONSTRUCTION PROJECT MOTION BY MAYOR PRO TEM McDONALD, SECONDED BY COUNCILMAN TAYLOR that ResolutionjNo. 88-31 be adopted. Vote resulted: I Yes: DeCocker, Taylor, Bruesch, McDonald, Imperial No: None The Mayor djclared said motion duly carried and so ordered. IV. CONSENT CALENDAR (CC-A REMOVED FOR DISCUSSION) I CC-B ACCEPTANCE OF ROAD DEEDS AND PERMITS TO ENTER - STEVENS AVENUE STREET IMPROVEMENT PROJECT CC-C APPROVAL OF BID SPECIFICATIONS - STREET SWEEPING a CC-D COOPERATIVE AGREEMENT BETWEEN CITY AND COUNTY FOR RECONSTRUCTION PURPOSES OF GRAVES AVENUE, NEW AVENUE, AND SAN GABRIEL BOULEVARD CC-E ACCEPT BIDS AND AWARD CONTRACT - PROSPECT AVENUE STREET IMPROVEMENTS FROM GARVEY AVENUE TO WHITMORE STREET - TO E.C.,CONSTRUCTION I CC 6-28-88 i Page #4 CC-F COOPERATION AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND THE ROSEMEAD REDEVELOPMENT AGENCY FOR THE COMPLETION OF THE GRAVES RECONSTRUCTION PROJECT i MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN DeCOCKER 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-A MODIFICATION TO TENTATIVE TRACT MAP NO. 45785/7507-33 MELROSE AVENUE AND 2461 JACKSON AVENUE i Juan Nunez,12702 Del Mar, asked how many original properties were involved in thi I s project. I Councilman Taylor stated approximately 16 homes on their own lots were involved and 23 homes will replace them in this project. The property is zoned P-D and more than 23 homes could have been built. i i Councilman Taylor asked if the fence required at each property line would be located at the top or the bottom of the slope. i Mr. Chicotsistated that the fences will be located to give the property owners the maximum degree of privacy. MOTION BY COUNCILMAN TAYLOR, SECONDED BY MAYOR PRO TEM McDONALD that the Counci!1 approve the change to condition No. 11 of Tentative Tract Map 45787;to read as follows: 11. That any grading of the proposed project shall not exceed eighteen (18) inches above adjacent property except for the following lots: Lot 19 - 2.7 feet Lot 20 - 2.0 feet L'ot 21 - 2.0 feet Lot 22 - 3.7 feet Lot 23 - 3.3 feet i Any fencing installed in the rear of said lots shall be located on property line. Appropriate landscaping shall be planted immediately adjacent to the rear of property lines of lots 19 through 23 to screen the new development with the e i xisting homes. Vote resulted: Yes: DeCocker, Taylor, Bruesch, McDonald, Imperial No: None The Mayor declared said motion duly carried and so ordered. V. MATTERS FORIDISCUSSION AND ACTION I A. REQUEST FOR WAIVER OF FEES - ROSEMEAD ELEMENTARY SCHOOL DISTRICT LATCH KEY PROGRAM Joanne Sche'rmerhorn, Latch Key Program Coordinator, asked the Council's support of this request to subsidize the childcare program. Mayor Pro T.em McDonald made the motion that the fees for swimming should be waived entirely. I CC 6-28-88 I Page #5 , • Councilman Taylor offered an amendment to that motion that the Council waive all fees for all children that are residents of the City of Rosemead or attend schools that are located within the City of Rosemead. These children will be required to be registered by their parents and 'prove their eligibility. Mayor Pro Tem McDonald seconded Mr. Taylor's recommendation. i Councilman Imperial concurred that if the City is going to help one group it should help all groups. Mayor Bruescki asked what amount of money would be lost from pool fees. i Susan Neely,'Finance Director, stated the amount at approximately $171000. i MOTION BY MAYOR PRO TEM McDONALD, SECONDED BY COUNCILMAN TAYLOR that the fees be waived entirely and that swimming at the Rosemead Park pool and thelGarvey Park pool be offered free of charge to all children under 141years of age who are residents of the city of Rosemead or are students at elementary schools that are located entirely in the city of Rosemead and include any amendments to the budget that may be necessary to allow this program to be implemented. Vote resulted: i Yes: DeCocker, Taylor, Bruesch, McDonald, Imperial No: None The Mayor declared said motion duly carried and so ordered. VI. STATUS REPORTS A. None ~ VII. MATTERS FROMIOFFICIALS A. PROPOSED AMENDMENT TO THE ROSEMEAD MUNICIPAL CODE REQUIRING AS A CONDITION OF SALE OF RESIDENTIAL PROPERTY A RESIDENTIAL BUILDING RECORD REPORT i Councilman imperial stated concerns over the number of illegal building conversions and expressed the need for this type of ordinance to control and prevent this building. Councilman Taylor stated that regulations are in place in the City and that enforcement is needed rather than-more regulation. Mr. Taylor stated there is also a disclosure act in force that sets liability on the realtor/seller if property is sold with known violations and they are not disclosed to the buyer. Mr. Taylor added that the buyer ha's the option to request an inspection before entering into an 'agreement to buy a piece of property. i MOTION BY MAYOR PRO TEM McDONALD, SECONDED BY COUNCILMAN TAYLOR that this item be tabled. Vote resulted: i Yes: DeCocker, Taylor, Bruesch, McDonald, Imperial No: None The Mayor declared said motion duly carried and so ordered. B. ENGLISH LANGUAGE SIGN ORDINANCE Y Margaret Clark, 3109 N. Prospect, spoke in favor of this proposal stating the opinion that such an ordinance would allow residents to support the businesses and feel welcome. Frank G. Tripepi, City Manager, stated the Chamber of Commerce would support this ordinance. i CC 6-28-88 Page #6 _ 0 • MOTION BY MAYOR PRO TEM McDONALD, SECONDED BY COUNCILMAN TAYLOR that staff be directed to place this ordinance on the agenda of July 12, 1988, for introduction. Vote resulted: i Yes: DeCocker, Taylor, McDonald, Imperial No: Brueschi The Mayor declared said motion duly carried and so ordered. Mayor Bruesch stated the reason for his "NO" vote was his objection to use of the word "English language" but would be in favor of English lettering. C. COUNCILMAN DeCOCKER 1. Expressed appreciation to staff for the 5K/10K run that was held over thelweekend and the manner in which it was conducted. 2. Cited a potential hazard in the large, helium balloons that are used to advertise the opening of some new businesses and asked for consideration of an ordinance to prohibit this type of activity. Staff was directed to begin preparation of such an ordinance. D. MAYOR PRO TEM McDONALD 1. Also expressed appreciation of the manner in which the annual 5K/10K runiwas conducted. I E. MAYOR BRUESCH i 1. Stated that he had not received the memo that had been requested in regard to the extra street sweeping charges. F. FRANK G: TRIPEPI, CITY MANAGER i 1. Reminded the Council of the dinner on Thursday, June 30, 1988, being hosted by Family Counseling of West San Gabriel valley to recognize the Council's support of the organization throughout the years. i VIII.ORAL COMMUNICATIONS A. Fred Mascoro, 9303 Rose St., thanked staff and the Chamber of Commerce for the manner in which the run was'conducted. B. Juan Nunez, 2702 Del Mar, asked for assistance in understanding thelformula that Los Angeles County used in arriving at the charges he had received concerning his sewage fees. i Frank G. Tripepi, City Manager, told Mr. Nunez that he could come to City Halliand staff would assist him in interpreting the fee structure. There being no further action to be taken at this time, the meeting was adjourned at 10:35 p.m. The next regular meeting is scheduled for July 12, 1988 at 8:00 p.m. k APPROVED: y Respectfully submitted: Ci- Clerk CC 6-28-88 Page #7