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CC - 01-26-88• MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL JANUARY 26, 1988 APPROVED CITY jar ROSEMEAD DATE~` Tly The Regular Meeting of the Rosemead city council was called to order by Mayor Cleveland at 8:13 p.m. in the Council Chambers of City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Councilman Imperial. The Invocation was delivered by Pastor Art Freund, Rosemead Church of Christ. ROLL CALL OF OFFICERS: Present: Councilmen Imperial, McDonald, Taylor, Mayor Pro Tem Bruesch, and Mayor Cleveland Absent: None APPROVAL OF MINUTES: JANUARY 12, 1988 These Minutes were deferred to the meeting of February 9, 1988. A Resolution was presented by the Council honoring the Spadaro family for the pleasure given to Rosemead residents and persons from. other areas who have been able to enjoy the lavish display presented in their front yard every year at Christmas. Mr. Spadaro expressed his appreciation at the honor the Council has bestowed on his entire family with the presentation of this Resolution. Mr. Spadaro also thanked the Council and staff for the speedy action taken on his request at the previous meeting in regard to the trash problem at the Alpha Beta. Councilman Imperial added his personal expression of gratitude to Mr. Spadaro for his yard display. Mayor Pro Tem Bruesch agreed and stated that he takes groups of students every year to see this Christmas display. Mayor Cleveland also stated his appreciation for Mr. Spadaro's efforts. I. ORAL COMMUNICATIONS Councilman Imperial presented (Condit). This is legislation to Code, relating to harmful matter. the Council with a copy of AB 711 amend Section 313.1 of the Penal A. Margaret Clark, 3109 N. Prospect, spoke on the issue of pornographic materials that are displayed for the public view in news racks. Ms. Clark asked that staff be directed to investigate the rack located in front of the Winchell Donut at the corner of Del Mar Avenue and Garvey Avenue. Ms. Clark felt that the materials displayed are in violation of AB 711 which was passed and went into effect on January 1, 1988. Ms. Clark cited Section 1 (c) which relates to the proximity that these racks may be in relation to public schools. Ms. Clark asked that the Council enact an Ordinance to enforce this new legislation. Mayor Pro Tem Bruesch asked that staff be directed to draft the aforementioned ordinance. Mr. Bruesch also asked that a resolution be drafted in support of AB 976 (Peace). This bill would restrict the use of the 976 numbers for dial-a-porn. Councilman Imperial stated that the City had tried several years ago to get rid of sidewalk news racks and was unsuccessful. This new law may enable the city to succeed. CC 1-26-88 Page #1 Councilman Taylor asked that the City Attorney have information available by the next council meeting stating what steps the City would be legally allowed to take in this area, including any restrictions that could be made to remove these racks from the public right-of-way. B. violet Weiss, 8834 Garvey Avenue, spoke against constant rent increases in her mobile home park. Ms. Weiss stated that there had been no improvements made to justify these increases. Mayor Pro Tem Bruesch requested that the council be provided with a list of the grievances in order to determine what steps the Council might take. Councilman Imperial stated that the condition of the mobile parks in this city are a disgrace. B. Donald Lackey, 8834 E. Garvey Avenue, presented a petition to the Council from the residents of the Mobile Estates Mobile Home Park. Mr. Lackey and the other residents are applying to the Council for any kind of relief that may be available to protect them from real estate speculators and absentee landlords. The spaces are being rented to large families and there is not sufficient open space for the children, and there is insufficient parking. Mr. Lackey also stated that the facilities are being over used, presenting a potential health hazard. The Mayor directed the City Attorney to investigate and report on what resources are available to these tenants and what might be done to alleviate the situation. Councilman Taylor requested that this property be investigated and place on the agenda for the next Rehabilitation Appeals Board hearing. Councilman Imperial requested that all trailer parks be investigated for substandard conditions to be placed on a future Rehab agenda. Mayor Pro Tem Bruesch asked Mr. Lackey to prepare a calendar of events and provide it to the Council. Councilman McDonald asked that the City Attorney be directed to investigate just how strict the city could be with mobile home parks, considering that those parks are covered under State laws. The Mayor so directed the City Attorney. Mayor Pro Tem Bruesch asked that rent control ordinances enacted by surrounding cities dealing solely with mobile home parks, be obtained and provided to these residents. C. Frank Delia, 3727 Temple City Boulevard, expressed his opposition to the Council's action in passing the resolution establishing the Service for Freeway Emergencies (SAFE)'to upgrade the Los Angeles County freeway call box system. Mr. Delia stated that the $1.00 charge is called a surcharge but is in fact a tax and drivers from other counties are using Los Angeles County call boxes without paying this fee. Councilman Taylor asked Mr. Delia to yield in the interests of time to the end of the meeting. Mr. Delia so obliged. CC 1-26-88 Page #2 II. PUBLIC HEARINGS None III.LEGISLATIVE A. RESOLUTION NO. 88-6 - CLAIMS AND DEMANDS The following resolution was presented to the council for adoption: RESOLUTION NO. 88-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $617,372.44 NUMBERED 00630-00673/21239 THROUGH 21335 MOTION BY MAYOR PRO TEM BRUESCH, SECONDED BY COUNCILMAN McDONALD that Resolution No. 88-6 be adopted. Vote resulted: UPON ROLL CALL VOTE ALL COUNCILMEN PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. B. RESOLUTION NO. 88-7 - ESTABLISHING VOTING PRECINCTS AND POLLING PLACES, APPOINTING PRECINCT BOARD MEMBERS AND FIXING COMPENSATION FOR THE GENERAL MUNICIPAL ELECTION ON TUESDAY, APRIL 12, 1988 The following resolution was presented to the Council for adoption: RESOLUTION NO. 88-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ESTABLISHING VOTING PRECINCTS AND POLLING PLACES, APPOINTING PRECINCT BOARD MEMBERS AND FIXING COMPENSATION FOR THE GENERAL MUNICIPAL ELECTION ON TUESDAY, APRIL 12, 1988, CALLED BY RESOLUTION NO. 87-52 OF THE CITY COUNCIL MOTION BY COUNCILMAN TAYLOR, SECONDED BY MAYOR PRO TEM BRUESCH that Resolution No. 88-7 be adopted. Vote resulted: UPON ROLL CALL VOTE ALL COUNCILMEN PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. C. ORDINANCE NO. 617 - APPROVING ZONE CHANGE FROM R-1 TO P.D. AT 4303 N. MUSCATEL AVENUE The following ordinance was presented to the Council for adoption: ORDINANCE NO. 617 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING A CHANGE OF ZONE FROM R-1 TO P-D FOR PROPERTY LOCATED AT 4303 MUSCATEL AVENUE (Zone Change 87-154) MOTION BY COUNCILMAN TAYLOR, SECONDED BY MAYOR PRO TEM BRUESCH that Ordinance No. 617 be adopted. Vote resulted: UPON ROLL CALL VOTE ALL COUNCILMEN PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CC 1-26-88 Page #3 D. ORDINANCE NO. 618 - ADOPTING REGULATIONS CONCERNING RECYCLING CENTERS The following ordinance was presented to the Council for adoption: a ORDINANCE NO. 618 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING REGULATIONS CONCERNING RECYCLING FACILITIES MOTION BY MAYOR PRO TEM BRUESCH, SECONDED BY COUNCILMAN McDONALD that ordinance No. 618 be adopted. Vote resulted: UPON ROLL CALL VOTE ALL COUNCILMEN PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. E. ORDINANCE NO. 619 - ADOPTING LAND USE REGULATIONS FOR GARMENT MANUFACTURING The following ordinance was presented to the Council for adoption: ORDINANCE NO. 619 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING LAND USE REGULATIONS FOR GARMENT MANUFACTURE MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN MCDONALD that ordinance No. 619 be adopted. 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 asked that the Council be presented with an opinion from the City Attorney establishing the hours of operation by the use of the Conditional Use Permit procedures to insure that the businesses are not operated on a twenty-four hour basis. F. RESOLUTION NO. 88-8 - PARTICIPATION IN STATE EARTHQUAKE REHABILITATION ASSISTANCE PROGRAMS The following resolution was presented to the Council for adoption: RESOLUTION NO. 88-8 , A RESOLUTION OF THE CITY COUNCIL OF AUTHORIZE THE SUBMITTAL OF AN APPLI( STANDARD AGREEMENT, AND ANY RELATED PARTICIPATE IN THE STATE EARTHQUAKE PROGRAMS AND SECURE A COMMITMENT OF DEPARTMENT OF HOUSING AND COMMUNITY THE CITY OF ROSEMEAD TO ;ATION, THE EXECUTION OF A DOCUMENTS NECESSARY TO REHABILITATION ASSISTANCE FUNDS FROM THE CALIFORNIA DEVELOPMENT (HCD) MOTION BY COUNCILMAN IMPERIAL, SECONDED BY MAYOR PRO TEM BRUESCH that Resolution No. 88-8 be adopted. Vote resulted: UPON ROLL CALL VOTE ALL COUNCILMEN PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. G. RESOLUTION NO. 88-9 - SUPPORTING THE "FAIR SHARE" WASTE MANAGEMENT CONCEPT The following resolution was presented to the Council for adoption: CC 1-26-88 Page #4 • RESOLUTION NO. 88-9 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD SUPPORTING LOS ANGELES COUNTY'S "FAIR SHARE" WASTE MANAGEMENT CONCEPT MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN TAYLOR that Resolution No. 88-9 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 expressed gratitude to Mr. McDonald for placing this item on the Agenda. Mr. Taylor asked that this Resolution be sent to all cities in the San Gabriel Valley apprising them of the action taken by this Council. Los Angeles is sending its trash to the San Gabriel Valley and closing its own dumps. Mayor Pro Tem Bruesch stated that 60% of the trash put into local dumps are from outside our Valley with only 40% from our own area. Councilman Imperial stated that Supervisor Schabarum had sent two letters to the Council urging this action be taken. Mr. Imperial suggested that the City work with the County in this area to try and reach a viable solution. IV. CONSENT CALENDAR (ITEM CC-D PULLED FOR DISCUSSION) CC-A ATTENDANCE AT THE ANNUAL CONGRESSIONAL CITY CONFERENCE - NATIONAL LEAGUE OF CITIES - WASHINGTON, D.C. MARCH 19-22, 1988 CC-B PARCEL MAP 16123 - 7503 GARVEY AVENUE - RELEASE OF BOND CC-C PARKING RESTRICTION ON SOUTH SIDE OF WELLS STREET AT BRIDGE OVER RUBIO WASH NEAR DELTA AVENUE CC-E SB 1725 (Bergeson) - OPPOSE MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN McDONALD 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-D TRAFFIC SIGNAL SYNCHRONIZATION - WALNUT GROVE AVENUE (KLINGERMAN STREET/RUSH STREET) Mayor Pro Tem Bruesch questioned how this lack of synchronization had occurred when the Council had been led to believe at the time of the installation that all signals would act as one in that area. Robert Miyasaki, Deputy Traffic Engineer, stated that problems had been encountered due to the original manufacturer having gone out of business before complete installation could take place. Mayor Pro Tem Bruesch reiterated his position that the Council should have been kept informed on these developments so that correct information may be passed on to the constituency. Mr. Bruesch expressed the strong desire that this type of situation should not recur in the future. CC 1-26-88 Page #5 0 Councilman Taylor concurred also under the impression that Taylor requested that staff be explaining in great detail just how it will be corrected. • with Mayor Pro Tem Bruesch; he was all signals would act as one. Mr. asked to direct a memo to the Council how this situation had come about and Mayor Pro Tem Bruesch again asked that the Council be kept informed on these types of developments. There being no further discussion, it was MOVED BY COUNCILMAN TAYLOR, SECONDED BY MAYOR PRO TEM BRUESCH that CC-D be approved. Vote resulted: UPON ROLL CALL VOTE ALL COUNCILMEN PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. VI. STATUS REPORTS A. ALPHA BETA REFUSE PROBLEM Councilman Taylor asked if there had been any progress made on the installation of a gate for the trash container area. Frank G. Tripepi, City Manager, stated that in talks that had taken place with the owners of the shopping center that there is a plan for the complete refurbishment of the center, including security measures for the trash containers, and the possibility of rolling gates at either end of the center. Mr. Taylor asked that the situation be monitored for the next few weeks for continued compliance with the trash container area. Mr. Tripepi stated that was the intention of staff and the council would continue to be updated. Councilman Imperial requested that the owners provide a security system to keep the area patrolled and safe for the residents. B. GRAFFITI VIOLATORS - REWARD This item was presented for informational purposes only. Mayor Pro Tem Bruesch took this opportunity to bring to staff's attention a graffiti problem on the dead-end barriers of Angelus Avenue and Fern Street. Councilman Taylor stated the same situation occurs at the dead-end directional arrow at Marshall Street and the Savannah School. VII.MATTERS FROM OFFICIALS A. MAYOR PRO TEM BRUESCH 1. Asked that staff investigate the possibility of having a study committee established for traffic circulation in the southeast area. The members to include businessmen, school officials, residents and anyone else impacted by traffic in that area. Mr. Bruesch asked that this be in the form of a future agenda item. 2. Asked that the Council be provided with a memo explaining why the parking requirements for the expansion of Builders Square were taken from the Industrial Zone rather than the Commercial Zone requirements. CC 1-26-88 Page #6 0 0 3. Asked that the Public Utilities Commission be petitioned to remove the bi-level rate structure from the natural gas rates. The bi-level structure was established to conserve usage during the gas crisis of several years ago and could now be removed. Mr. Bruesch suggested that the Council adopt a resolution to this effect that could be forwarded to the PUC. Mr. Bruesch is concerned that senior citizens are not using proper heating for fear of a bill that they could not afford to pay and asked that staff be directed to research this item. Eugene Boyd, 3603 Earle Avenue, suggested that letters be written to the PUC to rescind this rate structure. These letters carry a great deal of weight with the PUC. B. COUNCILMAN MCDONALD 1. Introduced Sergeant Jim Whitten from the Temple Station. 2. Asked that staff be directed to draft a resolution in opposition to SB 1023 (Vuich) which would allow, if passed, the County to charge the cities a surcharge for collecting its taxes. Frank G. Tripepi, City Manager, stated that the bill would allow the county to charge a 6% fee for collecting the 1% tax due to the City - 6% of the 1% that the City will be receiving. 3. Raised the issue of recycling subsidies that the city is paying for trash stated that with the projected increases in continue to grow and the City should begin methods of passing these increased costs on costs occur. and the current trash pickup. Mr. McDonald costs these subsidies will to consider incremental to the consumer as the councilman Imperial conceded his time to Mr. Delia. Mr. Delia continued by stating the opinion that the Rapid Transit District wasted the money allotted to it. Mr. Delia felt that the SAFE monies will also be wasted and challenged the Council to explain its motivation for the "YES" vote on this item. Mayor Pro Tem Bruesch defended his vote by stating the need for reliable service by those call boxes is vital to the drivers of the freeway systems. Mr. Bruesch felt that the $1.00 fee to be charged was of a nominal nature considering the return it would bring by maintaining the system. Councilman Taylor stated that he had supported the concept of using monies to maintain this system but did not agree with the disbursement of some of the monies to other agencies. Mr. Delia stated the opinion that the State should maintain this phone system with monies already available and not charge the citizens any more than they are already being charged. Jim Flournoy suggested the signal at Edison Way was now superfluous and asked that signs be posted stating "Do Not Block Intersection." Councilman Taylor stated that signal serves the purpose of allowing residents to move in and out of that area. Frank G. Tripepi, City Manager, stated that the law on blocking intersections could be enforced without the expense of posting additional signs. CC 1-26-88 Page 47 0 There being no further action meeting was adjourned at 9:30 p.m. for February 9, 1988, at 8:00 p.m. APPROVED: i to be taken at this time, the The next regular meeting is set Respectfully submitted: gv C' Clerk 1-26-88 Page #8