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CC - 02-09-88APPROVED CITY OF ROSENIEAD DAT F p2 ~ LL-' RY -U~ MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL FEBRUARY 9, 1988 The Regular Meeting of the Rosemead City Council was called to order by Mayor Cleveland 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 McDonald. The Invocation was delivered by Pastor Charlie Corum of the Olive Branch Outreach. ROLL CALL OF OFFICERS: Present: Councilmen Imperial, McDonald, Taylor, Mayor Pro Tem Bruesch, and Mayor Cleveland Absent: None APPROVAL OF MINUTES: JANUARY 12, 1988 - REGULAR MEETING/DEFERRED Councilman Taylor asked that on Page #3, the last paragraph,"The lot size is 6000 square feet for this particular project." be added. Mr. Taylor also asked that on Page #4, the center paragraph, the following clarification be made "...but Mr. Bruesch makes exceptions and at times the council votes down standard width streets for narrow streets..." There being no objection, it was MOVED BY COUNCILMAN TAYLOR, SECONDED BY MAYOR PRO TEM BRUESCH to approve, as corrected, the Minutes of January 12, 1988. APPROVAL OF MINUTES: JANUARY 26, 1988 - REGULAR MEETING MOTION BY MAYOR PRO TEM BRUESCH, SECONDED BY COUNCILMAN TAYLOR to approve the Minutes of January 26, 1988. Mayor Cleveland introduced Margaret Kennedy, AYSO Co-Ordinator, who had her son, Sean, invite the Council and any other interested parties to attend a soccer game at the Forum on March 6, 1988, at 6:00 p.m. This match will be AYSO vs. Rosemead Boys and Girls Club and will take place during half-time of the regularly scheduled event. The teams will be playing for the "ROSEMEAD CUP." Mr. Bill Ortiz and Mr. Jose Alvarez were also present to extend their invitation to this event which is the joint effort of'-AYSO"and-The Rosemead Boys and Girls Club. I. ORAL COMMUNICATIONS A. Frank Delia, 3727 Temple City Boulevard, reiterated his disappointment with the Council's decision to support the SAFE resolution, calling for a $1.00 fee to be charged to the residents of Los Angeles County for maintenance of the freeway call box system. Mr. Delia stated that he had sent a letter to the Council requesting that they reconsider their vote on this issue. Mayor Cleveland stated that the Council had only received the letter in question that day, and there had been no opportunity to act. Mr. Delia requested justification by certain members of the Council in voting for the passage of this item. Councilman McDonald defended the action of the Council and stated that there were approximately 50,000 persons in Rosemead, and only Mr. Delia seemed to be upset by this action. CC 2-9-88 Page #1 .Councilman Taylor stated that this resolution was to show support of the concept of improving the emergency call boxes. Mr. Taylor voted against the existing emergency funding being spent on general road repairs. Frank G. Tripepi, City Manager, stated that if this program is implemented the fee will be collected by the Department of Motor Vehicles, through the vehicle licensing procedure. Councilman Imperial asked that Mr. Delia refrain from singling out individual members of the Council, stating that it did not show a professional attitude. Mr. Imperial added that Mr. Delia had the right to disagree with Council action as a body but should not point fingers at the individual members. Mr. Bruesch stated understanding of added that unpopular decisions are made when the best interests of the majority freeway call box system must be kept in stated that these are potentially life- this was a users fee. Mr. Delia's position, but at all levels of government are to be considered. The working order. Mr. Bruesch saving devices and stated that II. PUBLIC HEARINGS A. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE MUNICIPAL CODE WHICH PERMITS FLAG LOTS IN THE R-2 ZONE The Mayor opened the public hearing. Mike Mangana, representing Owen Construction Co., 2035 S. Myrtle, Monrovia, stated the opinion that this will allow alternatives to development in the R-2 zone rather than just apartments, which leads to absentee ownership. 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. 620 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING REGULATIONS CONCERNING FLAG.LOT_DEVELOPMENTS IN THE R-2 ZONE Councilman Taylor stated approval of the ordinance but asked that it be continued to the next meeting pending complete definition of the phrase "and development standard" as referred to in Section 1 - A of the proposed ordinance. Robert Kress, City Attorney, made the recommendation that the ordinance could be introduced at this meeting and then any questions could be acted on at the next meeting before adoption. MOTION BY COUNCILMAN McDONALD, SECONDED BY COUNCILMAN TAYLOR that further reading be waived and that Ordinance No. 620 be introduced. Before vote could result Mayor Pro Tem Bruesch raised the issue of the necessity of flag lots and asked for more information regarding the requirement for open space in the R-2 zone and was specifically concerned with the driveway requirements and asked for documentation. Robert Kress, City Attorney, stated that the motion would be to waive further reading, introduce ordinance No. 620, and direct staff to bring back the aforementioned information requested by the Council. Vote resulted: CC 2-9-88 Page #2 YES: Councilmen Cleveland NO: Mayor Pro ABSENT: None ABSTAIN: None 0 Imperial, McDonald, Taylor, and Mayor Tem Bruesch The mayor declared said motion duly carried and so ordered. Mayor Pro Tem Bruesch asked that his "NO" vote reflect his desire to have more information on the amount of required open space that can be taken up by the required driveways and did not reflect his desire to have the ordinance read in full. Councilman Taylor stated that this information will be brought back to the council before the ordinance is returned for adoption at the next meeting. Councilman Imperial also stated the need for more information on this item. Mr. Imperial stated he could not vote for adoption without this additional information but did want to see it introduced. III. LEGISLATIVE A. RESOLUTION NO. 88-10 - CLAIMS & DEMANDS The following resolution was presented to the Council for adoption: RESOLUTION NO. 88-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $293,126.63 NUMBERED 00674-00701/21339 THROUGH 21443 MOTION BY MAYOR PRO TEM BRUESCH, SECONDED BY COUNCILMAN TAYLOR that Resolution No. 88-10 be adopted. Vote resulted: UPON ROLL CALL VOTE ALL COUNCILMEN PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Taylor requested a report from staff regarding Warrant No. 21343 on Page #1 and Warrant No. 21432 on Page #13. Mr. Taylor stated they were both payments related to-the"California Contract Cities Association and he would like the detailed explanation of the amounts. Staff was so directed. B. ORDINANCE NO. 622 - NEWSRACK ORDINANCE IMPLEMENTING AB 711 (Condit) - INTRODUCE The following ordinance was presented to the council for introduction: ORDINANCE NO. 622 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD REQUIRING THE USE OF "BLINDER RACKS" IN NEWSRACKS DISPLAYING MATERIAL THAT IS HARMFUL TO MINORS MOTION BY COUNCILMAN McDONALD, SECONDED BY COUNCILMAN TAYLOR that reading in full be waived and Ordinance No. 622 be introduced. Vote resulted: UPON ROLL CALL VOTE ALL COUNCILMEN PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CC 2-9-88 Page #3 • IV. CONSENT CALENDAR (CC-C PULLED) 11 CC-A ACCEPTANCE OF ROAD DEED AND PERMITS TO ENTER - COLUMBIA AVENUE (NEW AVENUE TO DEL MAR AVENUE) AND JACKSON AVENUE (HELLMAN AVENUE TO FREEWAY 10) CC-B STORM DRAIN IMPROVEMENTS IN WHITTIER NARROWS GOLF COURSE - PROJECT 6850 LINE C - ACCEPTANCE OF WORK CC-D REQUEST FOR SOLICITATION OF BIDS - SILVA/2523 LA PRESA MOTION BY COUNCILMAN IMPERIAL, SECONDED BY MAYOR PRO TEM BRUESCH that the foregoing items on the Consent calendar be approved. Vote resulted: UPON ROLL CALL VOTE ALL COUNCILMEN PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CC-C SB 5 (Deddeh) AND AB 2093 (Johnson) - ANTI-PORNOGRAPHY LEGISLATION Councilman Taylor indicated support of this item but expressed concerns over the wording of Section 1, paragraph A of the bill text of SB 5. Mr. Taylor referred to the substitution of the word "statewide," for "community" standards when applying standards to obscene matter. Mr. Taylor was concerned to turn over community control to the state. Councilman Imperial stated that the city had tried in the past to legislate against news racks and had been overturned by various parties on the basis of constitutionality. The City was extremely limited as to what it could do to control these types of business activities. Mr. Imperial stated that this might not be the perfect solution but is better than nothing and improvement can be worked for through the legislative process. Mayor Pro Tem extremely difficul to define the line freedom of speech. any information to of pornography. Bruesch stated that laws regarding pornography are to understand. The courts are constantly trying between pornography and freedom of the press and Mr. Bruesch asked the City Attorney to provide which he may be privy with respect to the subject Councilman Taylor stated that he supported;._the„,concept of this legislation but expressed concerns with turning over the implementation of the standards to the state. Mr. Taylor expressed the preference of having harmful material limited to sale by adults to adults in a store atmosphere rather than in racks placed in public places. Councilman McDonald stated that the City could be more stringent than the state law in this case. Mr. McDonald stated that the ultimate standards will be set by the courts on a case-by-case basis. The City must set its own strict standards and then adhere to them until overturned by the courts based on constitutionality. Robert Kress, City Attorney, stated that he would provide the Council with information reagarding the definition of harmful matter as opposed to pornography. Mr. Kress also stated that while setting statewide standards may appear to be a loosening of standards, it may in effect be a tightening of standards. Under community standards, Rosemead could not have stricter community standards than the surrounding cities. CC 2-9-88 Page #4 Margaret Clark, 3109 N. Prospect, stated that passage of this legislation will allow for easier prosecution by not allowing harmful matter where minors may be present. Ms. Clark stated that the Miller standards will apply to the definition of pornography if this legislation is adopted. Councilman Taylor requested that Ms. Clark provide the Council with a copy of the information on the Miller standards and the other research that she had conducted on this matter and thanked her for her efforts on this item. James Clark, 3109 N. Prospect, stated agreement with the issues raised by the Council and a desire to see abuse of freedom of speech come to an end. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN McDONALD that the Council support SB 5 and AB 2093 and that staff be authorized to prepare the necessary correspondence stating that support. Vote resulted: UPON ROLL CALL VOTE ALL COUNCILMEN PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Mayor Pro Tem Bruesch listed the three main criteria of the Miller decision previously referred to as being: 1. Appeals to prurient interests 2. Patently offensive to the adult community 3. Does not have any serious artistic, political or scientific value Mayor Pro Tem Bruesch agreed that this standard tightens up the definition of pornography and provides strict guidelines that can be interpreted clearly. V. MATTERS FOR DISCUSSION AND ACTION A. NATURAL GAS RATES MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that the recommendation be approved. Vote resulted: UPON ROLL CALL VOTE ALL COUNCILMEN PRESENT VOTED AYE. The Mayor declared said motion duly carried.and so ordered. Mayor Pro Tem Bruesch stated that the Public Utilities Commission is responding to pressure on removing the two-tiered rate structure but expressed fears that the baseline therm amount will be raised to make up the difference in lost revenues. VI. STATUS REPORTS A. MOBILE HOME PARKS Frank G. Tripepi, City Manager, stated that a meeting has been arranged between Assemblywoman Tanner's office and the residents of the mobile home park. No action is necessary at this time and the Council will be kept advised on the results. B. VIETNAM VETERAN'S MEMORIAL Councilman Taylor asked if there would be a conflict with this memorial project and the expansion planned for City Hall. Frank G. Tripepi, City Manager, responded that both architects have been contacted and no conflict should arise. CC 2-9-88 Page #5 VII. MATTERS FROM OFFICIALS A. MAYOR PRO TEM BRUESCH 1. Asked for a memo from staff regarding the formation of a committee to implement the southeast traffic study. 2. Offered congratulations to staff member, Jean Sherwood, for her recent ascension to the presidency of the California Parks and Recreation Society, District 13. Mr. Bruesch stated this was quite an honor and reflected on the quality of personnel in the City's recreation department. B. COUNCILMAN IMPERIAL 1. Asked that staff investigate the problem that Monterey Park is experiencing with restaurants disposing grease through their drains and causing sewer blockages. Mr. Imperial requested that staff compare and contrast the situation to prevent a similar situation occurring in Rosemead. 2. Presented an update on the Savannah Cemetery project. Mr. Imperial said a tentative schedule indicates a possible date sometime in the next three to four weeks. C. COUNCILMAN McDONALD 1. Recognized the members of Temple station who were in attendance. To wit: Lieutenant Volker Niewisch, Deputies Don Varney and John Debets, and Team Leader Rafael Estrada. 2. Suggested that grease clarifiers are available for drains that will aid in reducing blockage and suggested staff investigate the usage of these clarifiers on restaurant sewer systems. There being no further action to be taken at this time, the meeting was adjourned at 9:03 p.m. The next regular meeting is set for February 23, 1988 at 8:00 p.m. APPROVED: Respectfully submitted: MAYOR C' y Clerk cc 2-9-88 Page #6