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CC - 09-22-87APPRO VEU CITY OF rZOSVAlEAD. MINUTES OF THE REGULAR MEETING 10-DATT-j2 4 ROSEMEAD CITY COUNCIL SEPTEMBER 22, 1987 BYi The Regular Meeting of the Rosemead City Council was called to order by mayor Cleveland at 8:05 p.m., in the Council Chambers of City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Counciman McDonald. The Invocation was delivered by Reverend Tom Phillips. ROLL CALL OF OFFICERS: Present: Councilmembers Imperial, McDonald, Taylor, Mayor Pro Tem Bruesch, and Mayor Cleveland Absent: None APPROVAL OF MINUTES: SEPTEMBER 8, 1987 - REGULAR MEETING Councilman Taylor asked that his statement on Page 13, fourth paragraph from the top, be corrected to read "...those that cannot drive (corrected from ride) themselves." Mayor Pro Tem Bruesch asked that on Page 3, the very last sentence, his statement be corrected to read "...that sidewalk accessibility for the handicapped be a prerequisite..." Councilman Taylor directed attention to Mr. Kress's statement on Page 14, fourth paragraph, the last sentence. Mr. Kress asked that his statement be corrected to read "That is not what the ordinance says, now." There being no objection, it was ordered that these corrections be made to the Minutes. MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN MCDONALD that the Minutes of the Regular Meeting of September 8, 1987, be approved as corrected. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman McDonald commended the efforts of the Council and staff for their diligence in pursuing the passage of the "no and low" property tax-relief bill, SB 709 (Lockyer). This will, over the years, mean a substantial increase in the City's revenues. Mayor Cleveland concurred with Councilman McDonald, and added his congratulations, also. A Proclamation naming the week of October 4, 1987, as "Hire the Handicapped Week" was presented to Dr. Franklin Tucker by the Mayor and members of the Council. Dr. Tucker heads the Federal "Hire the Handicapped " program, and is a member of the Christian Fellowship for the Blind. Mayor Pro Tem Bruesch congratulated the Parks and Recreation staff for the exemplary job that was done in preparation of the Community Center for the September meeting of the SGVAC Solid Waste Task Force. Attendees, from as far away as Sacramento, were so impressed with the arrangements that they requested the next meeting to be held in the Community Center as well. This bestows quite an honor on the City of Rosemead. I. ORAL COMMUNICATIONS 1. Mae Ramirez, 2353 Falling Leaf, Rosemead, stated her appreciation to the Council for the passage of ordinance No. 609. She also stated her hope that the problems encountered in the Pine Street project could be avoided on the Falling Leaf Avenue project, and felt that the activities of the City do not receive enough publicity. CM 9-22-87 Page 41 • 9 2. Juan Nunez, 2702 Del Mar, Rosemead, requested the status of the negotiations that are being conducted for a parking facility at the Auto Auction. Frank G. Tripepi, City Manager, stated that staff is working with the owners of the Auto Auction to resolve this problem, and a structure would seem to be the most likely solution, considering the number of dealers that attend the Auto Auction. There is no final decision yet, and the meetings are continuing. Mr. Nunez was concerned with the appearance of such a structure, and cited the disappointment of some citizens of Monterey Park when a parking structure was erected in their City. He urged care on the Council's part before approving any similar structure for Rosemead. Mr. Tripepi reassured Mr. Nunez that any parking structure would have to adhere to the parking standards in existence in the City, before any building permit would be granted. Mr. Nunez stated that, in his opinion, Evelyn Avenue also had a problem with wheelchair accessibility on the sidewalks. Councilman Imperial stated that the Evelyn Avenue project had properly provided for wheelchairs, and there was access for the handicapped. Mr. Nunez was concerned that this "wheelchair problem" could occur elsewhere in the City. Councilman Imperial assured Mr. Nunez that this type of problem would not happen in Rosemead again. 3. Maggie Clark, 3109 N. Prospect, Rosemead, presented a copy of the official press release concerning the use of add-on buildings for the high schools in lieu of a new high school site. Mrs. Clark also expressed her concerns on "dumps," and appreciated the meeting held by Mayor Pro Tem Bruesch and the San Gabriel Valley Association of Cities Solid Waste Task Force regarding recycling alternatives to landfilling. Mrs. Clark felt that the Veteran's Groundbreaking Ceremony held on September 19, 1987, had been an emotional moment, and a time to thank all veterans for the sacrifices they had made for the rest of us. 4. Richard Hyman, 2713 Prospect, Rosemead, stated that he had recently acquired the aforementioned property before the R-2 zone changes were made. He asked for direction to the alternatives available to him. Councilman Taylor informed Mr. Hyman that he should make arrangements to talk to the Planning Director for a complete explanation of all alternatives, including the variance procedures. Mayor Pro Tem Bruesch felt that Mr. Hyman was a victim of some unscrupulous realtors who had taken advantage of some property owners, and buyers in regard to the R-2 zone change. Premium prices were asked for properties that were too small to justify multiple dwellings. In many cases, the realtors were aware that the zoning was in the process of being revised, and potential buyers were not advised of this fact. II. PUBLIC HEARINGS A. ORDINANCE NO. 612, EXTENDING ORDINANCE NO. 610 CONCERNING R-2 MORATORIUM (ADOPT) The following Ordinance was presented for adoption: ORDINANCE NO. 612 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD EXTENDING ORDINANCE NO. 610 WHICH IMPOSED RESTRICTIONS ON THE CONSTRUCTION OF MULTIPLE DWELLINGS IN THE R-2 ZONE (An Urgency Ordinance) CM 9-22-87 Page #2 The Mayor opened the Public Hearing. 1. Juan Nunez, 2702 Del Mar, Rosemead, wanted reassurance that the R-2 moratorium would still be in effect, and that any new projects would be subject to the new zoning restrictions. Frank G. Tripepi, City Manager, and stated that this ordinance will 22 and October 9, 1987, so that no the old standards. gave Mr. Nunez this reassurance, protect the City between September new projects can be started using Robert Kress, City Attorney, stated that the purpose of this ordinance is to protect the City from having a time-gap before the new, revised R-2 standards can go into effect. The moratorium would be extended for a period, not to exceed sixty (60) days, and that at the next Council meeting (October 13, 1987) an ordinance would be presented that repeals the moratorium, grandfather's-in projects already in progress, and establishes the new R-2 zoning requirements. There being no one else wishing to speak, the public hearing was closed. There being no discussion by the Council, it was MOVED BY COUNCILMAN McDONALD, SECONDED BY MAYOR PRO TEM BRUESCH to adopt ordinance No. 612. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. B. ORDINANCE NO. 613, REPEALING ORDINANCE NO. 597 CONCERNING MORATORIUM ON MISSION DRIVE (ADOPT) The following Ordinance was presented for adoption: ORDINANCE NO. 613 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD REPEALING ORDINANCE NO. 597 WHICH IMPOSED A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS WITHIN SPECIFIED AREAS OF THE CITY There being no discussion, it was MOVED BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL, to adopt Ordinance No. 613. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. III. LEGISLATIVE A. RESOLUTION NO. 87-39 - CLAIMS & DEMANDS The following resolution was presented for approval: RESOLUTION NO. 87-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $471,245.82 NUMBERED 00424-00444/20366 THROUGH 20450 INCLUSIVELY. There being no discussion, it was MOVED BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN TAYLOR that Resolution No. 87-39 be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Taylor requested information tonnage-subsidy to the rubbish contractor. approaching $500,000 a year in subsidies. listing the tonnage since the contract has The Mayor so directed staff. on the amount of the The amount is now He requested a report been in effect. CM 9-22-87 Page 43 Mayor Pro Tem Bruesch stated that this tonnage question was another good reason to do everything possible in regard to recycling. IV. CONSENT CALENDAR (NONE PULLED) CC-A AUTHORIZATION TO ATTEND CONTRACT CITIES 1987 FALL SEMINAR, OCTOBER 23 - 25, 1987, SAN DIEGO CC-B AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES COUNCIL/MANAGER LEADERSHIP TEAM WORKSHOP NOVEMBER 18 - 20, 1987, LAKE ARROWHEAD CC-C AUTHORIZATION TO ATTEND NATIONAL LEAGUE OF CITIES CONFERENCE DECEMBER 12 - 16, 1987, LAS VEGAS, NEVADA CC-D AWARD OF BID - GRAFFITI REMOVAL CC-E AB 1700 (ROOS) MOTION BY COUNCILMAN TAYLOR, SECONDED BY MAYOR PRO TEM BRUESCH that the foregoing items on the Consent Calendar be approved. Vote resulted: UPON ROLL CALL VOTE ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION A. TRAFFIC COMMISSION VACANCY Copies of all applications for this position were presented to the Council, and the Notice of Vacancy was duly posted. There being no objection, Councilman Imperial placed in nomination the name of Margaret Clark, for the vacancy on the Traffic Commission. Councilman Taylor moved that nominations be closed, and the Council cast an unanimous vote for Mrs. Clark. Mayor Pro Tem Bruesch seconded the motion MOTION BY COUNCILMAN TAYLOR, SECONDED BY MAYOR PRO TEM BRUESCH to close nominations, and elect Mrs. Clark by acclamation. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Mayor Cleveland welcomed Mrs. Clark to the Commission. Mrs. Clark stated her surprise, and delight at this honor. She felt this would be a challenge, as well as fun. Mrs. Clark thanked all the members of the Council for their confidence. B. CITY CLERK VACANCY Councilman Imperial requested that the Council set a date, agreeable to all, for interviews to take place for this position. Frank G. Tripepi, City Manager, recommended that a date convenient to all members be set, and the applicants be scheduled for interviews, lasting approximately 20-30 minutes each. Councilman Imperial stated that this date should be a Saturday. The Mayor so directed. After some discussion, the Council agreed on Saturday, October 17, 1987, commencing at 9:00 a.m., and the Mayor so ordered. VI. STATUS REPORTS A. PINE STREET CM 9-22-87 Page $4 This item was presented for informational purposes only, and did not require action at this time. VII. MATTERS FROM OFFICIALS A. Mayor Pro Tem Bruesch expressed concerns with the City's policy on dedication and acquisiton of land. He felt that the policy needed re-examination, and, possibly, modification. Mr. Bruesch suggested that the Council and members of the Engineering Department meet to examine these problems in order to set specific guidelines for future acquisitions. He felt that all the legalities needed to be thoroughly explained. Mr. Bruesch stated that a meeting would be the best format to achieve this result. Councilman McDonald concurred with,these suggestions. He stated that the results of certain, recent street improvement projects warranted such a forum. The City needs to formulate guidelines for practical application of the law, as it relates to handicapped-access of sidewalks, among other things. Mayor Pro Tem Bruesch stated that the City must also try to be consistent with regard to dedication of property because some citizens do, while others do not. The Council's responsibility is to see that all Rosemead's citizens are treated as fairly as possible. Mr. Bruesch felt that it was unfair that some homeowners who dedicate property, actually lose money on the transaction. He requested that staff be given a new direction, and supply input to this problem. Councilman Imperial agreed that a new direction for staff is needed. The Pine Street incident should never have happened. This direction should be common sense. Dedication is a voluntary procedure, but the City must insure that the homeowner does not lose money from such a dedication. Mayor Pro Tem Bruesch was primarily concerned about when the majority of homeowners dedicate their property, and one or two do not; the City needs to be prepared to handle this type of problem. Mr. Bruesch suggested either a study session be arranged or an Agenda item be presented, so that an equitable solution may be reached. He stated that the Pine Street incident was not the first of its type, and an easily-defined policy.must be established to prevent this in the future. Frank G. Tripepi, City Manager, stated that the council seemed to be in agreement on this issue, and staff will present a list of suggested dates for a study session. B. Mayor Pro Tem Bruesch wanted Choice Television to be sure of the city's position on the question of their contract. Mr. Bruesch mentioned the office in Rosemead; the Mobile van; the definition of senior citizen, and handicapped; and all other items that were originally agreed to in the contract. Mr. Bruesch felt that these must all be discussed, thoroughly. He found nine (9) different items that the Cable company had not yet complied with in the original contract. Mr. Bruesch wanted all these fulfilled before any consideration for pre-qualification of seniors be given to Choice TV. VERBATIM DIALOGUE FOLLOWS: IMPERIAL - For the record, I'd like a clarification. I want the record to show, verbatim, that I take offense to the fact that we say we are negotiating on a contract that we have already negotiated. It took us two years to negotiate. We had two different companies stand here, and lie like hell to us, Okay? And we finally picked one because it was a local company. I took a lot of heat because of the decision and, then all of a sudden, I find myself back negotiating. I'm not negotiating with these, excuse my expression, turkeys. Mr. Mayor, I'm saying this. We've got a contract, they should abide by the contract. They gave us a 25% discount for senior citizens, which I requested, and handicapped, Okay? They gave us an office in our City, which I requested. Now, they're trying to back off on it. I don't see this as a negotiation. I want the record to show that I see it as a clarification of a contract they agreed to. This is garbage. END VERBATIM DIALOGUE CM 9-22-87 Page #5 0 Robert Kress, City Attorney, stated his agreement with Councilman Imperial. The items shared by Mayor Pro Tem Bruesch have been forwarded to the City's cable television consultant, with the request that a compliance audit of the entire ordinance be prepared. The Council will receive a report stating just what items have been provided and which items have not been provided. Mr. Kress stated that the only item up for reconsideration is the senior citizen discount. A letter has been sent to Mr. Derick proposing to utilize the block grant income levels as the guideline for determining discounts.. No reply has been received. Mayor Pro Tem Bruesch wanted it clearly understood, that he will not consider any negotiation, of any kind, until the aforementioned nine (9) items have been fully complied'with by the cable company. C. Councilman McDonald wanted to thank Deputies Debets and Pffaf, along with Lt. Niewisch, for attending the meeting. D. Councilman Imperial requested an update, for the next meeting, on the Caltrans wall (the yard located at Hellman Avenue and Walnut Grove). This wall has been promised for a considerable time, and has not been provided. Mr. Imperial suggested the Governor's office be notified for action to be taken. Councilman Taylor agreed with Councilman Imperial, and stated the Caltrans (freeway) soundwall as another case of them dragging their feet on an issue. Mayor Pro Tem Bruesch concurred with Councilman Imperial. Mr. Bruesch asked if a "please" letter from the Rehabilitation Appeals Board might not be sent, in an effort to "open eyes" in Sacramento. Councilman Imperial requested that staff pursue this until a suitable result has been achieved; perhaps a meeting between members of the Council and the Governor. E. Councilman Imperial asked when the Brighton Street Auto Auction parking situation would be cleaned up. Frank G. Tripepi, City Manager, stated that a letter had been received, and was on Councilman Imperial's desk, stating that the fence would also be moved, and the property will not look like a parking lot. F. Councilman Imperial requested that a letter be sent to the Temple Station, and Sheriff Block stating the City's gratitude for the Color Guard that was provided for the Vietnam Veteran'..s Groundbreaking Ceremony. The Mayor so directed staff. G. Frank G. Tripepi, City Manager, commended the entire Council on their efforts in achieving the passage of the "no and low" property tax legislation. The City's representation in Sacramento at crucial times, may have made the difference. The Council has shown a great deal of foresight by recognizing the need for a full-time Legislative Advocate in Sacramento. There being no further required at this time, the Council Meeting was adjourned to October 13, 1987, at 8:00 p.m. APPROVED: MAY CM 9-22-87 Page #6 Respectfully submitted: