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.
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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)
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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.
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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
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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
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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
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Respectfully submitted: