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CC - 08-11-87A.PPROV E 0 - CITY OF ROcpSETM-'D MINUTES OF THE REGULAR MEETING DATE ~ °~S D 7 ROSEMEAD CITY COUNCIL BY AUGUST 11, 1987 AT 8:00 P.M. 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 Councilman Taylor The Invocation was delivered by Reverend Charlie Corum, Olive Branch Outreach Councilman Imperial requested that the Mayor direct that the Agenda show the affiliation of the Reverend delivering the Invocation. The Mayor so directed. ROLL CALL OF OFFICERS: Present: Councilmembers Imperial, McDonald, Taylor, Mayor Pro Tem Bruesch, and Mayor Cleveland Absent: None APPROVAL OF MINUTES: JULY 28, 1987 - REGULAR MEETING Councilman Taylor requested that the Council's attention be called to Page 5, the fourth paragraph from the bottom regarding Councilman Imperial's statement. He felt the word "not" had been omitted and Councilman Imperial concurred that the minutes should be corrected to read "Councilman Imperial stated that he would not subject the people of this community to a 5 o'clock pick-up". Councilman Taylor went on to state that Page 5, the third paragraph from the bottom, the last sentence of his own statement was incorrect. The word "not" had been left out and the minutes should be corrected to read "Councilman Taylor .....He was not prepared to extend this contract for another five years...." Councilman Taylor then directed attention to Page 7, the eighth paragraph from the top regarding Mayor Pro Tem Bruesch's statement. He felt the word "legal" should have been "illegal." Mayor Pro Tem Bruesch concurred and requested that the minutes be corrected to read "...that a flat-out moratorium on R-2 would be illegal in light of the Supreme Court decision". There being no objection, it was so ordered that these corrections be made to the minutes. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that the Minutes of the Rosemead City Council Meeting of July 28, 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. At this point, Donald J. Wagner, Assistant City Manager, read the Proclamation honoring the championship American Youth Soccer Team, "THE STRIKERS" headed by Planning Commissioner, Bill Ortiz. Following the presentation of the Proclamation to the team captain by Mayor Cleveland, pictures were taken of the team with Mr. Ortiz and the members of the Council. I. ORAL COMMUNICATIONS FROM THE AUDIENCE A. Mr. Nadir Patel, 8544 E. Mission Drive, Rosemead, wanted to bring to the Council's attention, a problem with the drainage on the street where his home is located. Water and mud tends to accumulate and vehicles passing by splash the mud onto his fence. He felt that this problem has become even more aggravated by the installation of the cable televison system. Mr. Patel stated that he had contacted City Hall several times, and that the problem still existed. CM 8-11-87 Page #1 Donald J. Wagner, Assistant City Manager, explained that cable television installation involved the undergrounding of utilities and that he had sent out an inspector to check on the problem at Mr. Bertal's residence. The inspector had reported back that there did not seem to be a problem. Mr. Wagner went on to say that he would go with Mr. Bertal and check on this problem again. Councilman Imperial requested that staff be directed to present the Council with a memorandum, fully outlining and explaining the circumstances of this complaint. He did not feel that the citizens of Rosemead should be subjected to this type of inconvenience just because construction was being done. Mayor Cleveland so instructed staff. Mayor Pro Tem Bruesch, stated that as long as the subject of Falcon Cable had been brought up, he wanted staff to direct a letter to Falcon regarding the 25% discount for the elderly and handicapped. Councilman Imperial, on the same subject, repeated his earlier opinion that unless the people of Falcon Cable meet the requirements of their contraact, the city should take action against them. Not only that, but that he had also requested an office in Rosemead. He felt that an office was very important for the convenience of Rosemead subscribers and he wondered what the status was of that request. Robert Kress, City Attorney, stated that he had not received any response from his last communication to Falcon regarding the 25% discount or the office in Rosemead, and that he would look into it. Councilman McDonald requested that it should be City policy that whenever a citizen had a problem, a member of staff should accompany the complainant to the site, rather than sending an inspector who might not recognize that a problem exists. Mayor Cleveland so instructed staff. II. PUBLIC HEARINGS None III. LEGISLATIVE A. RESOLUTION NO. 87-33 - CLAIMS & DEMANDS The following Resolution was presented.for adoption: RESOLUTION NO. 87-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $462,485.59 NUMBERED 00360-00374/20049 THROUGH 20148 INCLUSIVELY There being no discussion, it was MOVED BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN McDONALD that Resolution No. 87-33 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. B. RESOLUTION NO. 87-34 - RESOLUTION OF INTENT TO VACATE A PORTION OF THE NORTH SIDE OF MARSHALL STREET EAST OF AND ADJACENT TO RUBIO WASH The following Resolution was presented for adoption: RESOLUTION NO 87-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD EXPRESSING ITS INTENTION TO VACATE A PORTION OF THE NORTH SIDE OF MARSHALL STREET EAST OF AND ADJACENT TO RUBIO WASH CM 8-11-87 Page #2 Mayor Pro Tem Bruesch wondered if the City would be reimbursed by this action. Councilman Taylor responded that normally, whenever streets and easements are vacated, the adjoining property was deeded back to the property owner, without reimbursement to the City as in most cases it is virtually useless. It cannot be sold to anyone else, so the property owner would gain because it is worthless to anyone else. The amounts of land are usually of a very small nature, and the City has not set the precedent of being paid for it. Councilman Bruesch was assured that the property in question was all behind the sidewalk. There being no further discussion it was MOVED BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that Resolution No. 87-34 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. C. RESOLUTION NO. 87-35 - RESOLUTION DESIGNATING A CERTAIN ROAD TO BE IN THE FEDERAL AID URBAN (FAU) SYSTEM RESOLUTION NO. 87-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD DESIGNATING A CERTAIN ROAD TO BE IN THE FEDERAL AID URBAN SYSTEM Mayor Pro Tem Bruesch requested that the difference between Federal requirements and our own local requirements be included with the Agenda item and presented in memo form. The Federal requirements are stricter and this would provide information as to what restrictions had been placed on any individual street as it is entered under this program. There being no further discussion it was MOVED BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL to adopt Resolution No. 87-35. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. D. ORDINANCE NO. 606 - AMENDING MUNICIPAL CODE BY REQUIRING MINIMUM LOT SIZES IN P.D. ZONE (ADOPT) ORDINANCE NO. 606 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING SECTION 9120.7 OF THE ROSEMEAD ZONING CODE CONCERNING MINIMUM LOT SIZES FOR RESIDENTIAL PROJECTS IN THE PLANNED DEVELOPMENT ZONE Vidal Pedro, Jr., 2512 N. Denton, Rosemead, had requested to speak on this item; however, he misunderstood and had meant to speak on III-E. He stated he would wait for that item to come up before speaking. Juan Nunez, 2702 Del Mar, Rosemead, wanted to know if the square footage was being increased for the P.D portion of the zoning plan. Councilman Taylor stated that the purpose of this ordinance was to set minimum lot size requirements and to bring equality to development by not penalizing for 6,000 square feet but allowing instead 4,500 square feet. Mr. Nunez stated that had been his main concern; that this would be under the 4,500 square-foot requirement. There being no further discussion it was MOVED BY COUNCILMAN McDONALD, SECONDED BY COUNCILMAN IMPERIAL to adopt without further reading ordinance No. 606. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CM 8-11-87 Page #3 0 E. ORDINANCE NO. 610 - RESTRICTING THE CONSTRUCTION OF MULTIPLE DWELLINGS IN THE R-2 .ZONE AND DIRECTING THE PLANNING COMMISSION TO INITIATE A STUDY WITH RESPECT TO DEVELOPING APPROPRIATE ZONING REGULATIONS GOVERNING SUCH USES. ORDINANCE NO. 610 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD RESTRICTING THE CONSTRUCTION OF MULTIPLE DWELLINGS IN THE R-2 ZONE AND DIRECTING THE PLANNING COMMISSION TO INITIATE A STUDY WITH RESPECT TO DEVELOPING APPROPRIATE ZONING REGULATIONS GOVERNING SUCH USES Donald J. Wagner, Assistant City Manager, explained that this item was a 45-day moratorium on the construction of multiple dwellings in the R-2 zone. Vidal Pedro, Jr., 2512 N. Denton, Rosemead, came forward at this point to ask the same question of the City Council that he had asked of the Planning Commission. That question was what provision was going to be made for those plans already in plan check if this ordinance was adopted. Robert Kress, City Attorney, explained that any plans submitted up to August 11, 1987, would be allowed to continue under the old regulations. This moratorium was just a breathing period to hold the line on the number of plans being submitted for R-2 development while a new Ordinance is being drafted. Mr. Pedro thanked the Council and Mr. Kress for their time and consideration, as he does have plans in the works and was concerned as to how they would be handled. Juan Nunez, 2702 Del Mar, Rosemead, asked if there was any tax advantage or savings to R-2 owners once the potential for higher assessed values was removed due to the new restrictions. Mayor Pro Tem Bruesch explained that his research showed there would be no effect, one way or the other, until the property changed hands. There being no further discussion it was MOVED BY COUNCILMAN McDONALD, SECONDED BY COUNCILMAN IMPERIAL to adopt Ordinance No. 610. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Mayor Pro Tem Bruesch referred to the last page of the aforementioned agenda item. He was curious as to the length of time that plans were in plan check. Gary Chicots, Director of Planning, answered that there were various reasons such as corrections, financing problems, contractor problems, or any,number of other reasons. Mayor Pro Tem Bruesch requested a memo for 2657-59 Falling Leaf and 2516 Jackson as to why they had been so long in plan check. IV. CONSENT CALENDAR (CC-A, CC-B,. CC-C, CC-F, AND CC-H PULLED) CC-D AWARD OF CONTRACT CDBG 24TH HANDYMAN BID PACKAGE CC-E REQUEST FROM SAN GABRIEL VALLEY ASSOCIATION OF CITIES FOR PARTICIPATION IN WASTE-BY-RAIL FEASIBILITY STUDY CC-G AWARD OF BID - BUS SHELTER MAINTENANCE AGREEMENT MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that the foregoing items on the Consent Calendar be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CM 8-11-87 Page #4 9 CC-A REQUEST FROM R.F. DICKSON REGARDING INCREASE IN LANDFILL RATES Councilman Imperial was afraid that if this item were approved after the signing of a contract, it might be setting a precedent for other contractors to come back at a later date for changes to their agreements. Councilman Taylor disagreed and felt this was a minimal amount of $1225.00 for the year. Mayor Pro Tem Bruesch stated that he felt this was a minor increase, and the city could look forward to a much larger increase at the time of the next renewal. There being no further discussion it was MOVED BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN McDONALD to approve the request from R.F Dickson regarding the increase in landfill rates. Vote resulted: AYES: Councilmen Taylor, McDonald, Mayor Pro Tem Bruesch, and Mayor Cleveland NOES: Councilman Imperial ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. CC-B STORM DRAIN IMPROVEMENTS IN WHITTIER NARROWS GOLF COURSE - PROJECT 6850, LINE C - AWARD OF BID Mayor Pro Tem Bruesch wondered why there was no Engineer estimate attached to this item. Norm Rubel, Deputy City Engineer, informed the Council that the estimate was $460,000. Mr. Rubel did not know why the computer had left it out. There being no further discussion, it was MOVED BY MAYOR PRO TEM BRUESCH, SECONDED BY COUNCILMAN TAYLOR to award the bid to Forster Construction for the storm drain improvements in. Whittier Narrows Golf Course, Project 6850, Line C. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CC-C PROPOSED AGREEMENT WITH CALTRANS FOR WIDENING OF THE WESTBOUND POMONA FREEWAY OFF-RAMP AND MODIFICATION OF TRAFFIC SIGNALS AT ITS INTERSECTION WITH SAN GABRIEL BLVD. Mayor Pro Tem Bruesch requested of staff if this item only addressed lights and not the widening because the only discussion he could find in his packet related to the lights. Donald J. Wagner, Assistant City Manager, answered yes, this related only to the lights and that the widening of that ramp would be a separate issue. There being no further discussion, it was MOVED BY MAYOR PRO TEM BRUESCH, SECONDED BY COUNCILMAN TAYLOR to approve the proposed agreement with Caltrans for the modification of traffic signals at the intersection of the Pomona Freeway with San Gabriel Blvd. Vote resulted: AYES: Mayor Pro Tem Bruesch, Councilmen Taylor, Imperial, and NOES: ABSENT: ABSTAIN: Whereupon ordered. Mayor Cleveland None Councilman McDonald None the Mayor declared said motion duly carried and so CC-F REQUEST FROM COTTON/BELAND FOR FINAL PAYMENT AND CONTINUED GENERAL PLAN SERVICES Councilman Taylor questioned the billing amounts on Page 3. Gary Chicots, Director of Planning, stated that these were amounts withheld from their normal billing. Robert Kress, City Attorney, explained that these were retention amounts, that some monies had CM 8-11-87 Page #5 • • been paid all along and now that the job was almost complete, the balances were due to Cotton/Beland. Councilman Taylor wanted to be sure that the cost of printing and distributing the final draft of the General Plan was included in these fees. Gary Chicots assured him that these were included and that the City would be provided with one good quality, photogenic copy from which we will be able to make as many as are needed. There being no further discussion, it was MOVED BY COUNCILMAN TAYLOR, SECONDED BY MAYOR PRO TEM BRUESCH to approve the request from Cotton/Beland for final payment and continued General Plan services. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Juan Nunez asked if the General Plan was complete and was informed that it was 92% complete except for the R-2 clarification. CC-H REQUEST FROM MR. BIRKMAIER REGARDING RETIREMENT PLAN Phil Birkmaier read from the retirement plan in regard to the lump sum portion on page 27 and felt there were conflicting sections of the plan such as the discussion of termination benefits and he referred to page 11. Dennis Graves, retirement plan consultant, stated that according to the plan, Mr. Birkmaier did not meet the criteria for early retirement benefits because although he had reached the age of 55 years, he did not have 10 years of service. Because he only had 8 1/2 years of service, termination benefits would be deferred until he reached the age of 65 years. Mayor Pro Tem Bruesch raised the question as Birkmaier would be entitled to at age 65 and Mr. it was based on a schedule of how many years of completed. This amount has been communicated to 65, Mr. Birkmaier will have his choice as to how retirement i.e. lump sum or monthly benefit. to how much Mr. Graves answered that service had been the City. At age he will take his Councilman Imperial questioned the 10-year lock-in period and was told that only 5 years were required to become vested in the retirement plan and that 10 years of service were required to qualify for any early retirement benefit. There being no further discussion, it was MOVED BY COUNCILMAN TAYLOR, SECONDED BY MAYOR PRO TEM BRUESCH to.reject the claim from Mr. Birkmaier for early retirement benefits. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. At this point, Mr. Birkmaier requested this denial be made to him in writing and Mr. Kress, City Attorney, said that he would see to it. VI. STATUS REPORTS A memo on SB 442 (Bergeson) was provided for informational purposes. VII. MATTERS FROM OFFICIALS A. Mayor Pro Tem Bruesch requested a memo on the alley from Jackson to Evelyn. He felt that the citizens didn't understand the reason for the easement. B. Mayor Pro Tem Bruesch also had asked for a report on the contaminated soil from the gas station that is now Randolph Glass Company. He wanted to be sure that the City has an adequate policy to deal with this type of problem when buildings are constructed over previous gas station sites. CM 8-11-87 Page #6 Councilman McDonald answered that this came under the department of the L.A County Sanitation Engineer. This department inspects, cleans, and does geological testing on the soils after gas storage tanks are removed from gas station sites. If the soil is found to be contaminated, this agency will see that it is taken care of and this only happens when a gas station is known to have been on a particular site. Mayor Pro Tem Bruesch urged particular care when the tanks are removed from Hellman and Walnut Grove. He requested the council be kept informed when construction begins in regard to the soil reports. C. Mayor Pro Tem Bruesch was curious as to what was being done to secure a supermarket for the citizens in the northern portion of the City. The only one in that section of the City is Alpha Beta and the residents are forced to shop there or leave the City. He strongly urged that staff do everything in their power to attract a supermarket to the northern environs. Councilman Imperial concurred and added that there is a site on Valley, east of Temple City Boulevard on the north side, which is currently a lumber yard under Rehab. He personally knew that the owner would like to sell and requested that the Mayor direct the City Manager to do everything possible to attract a supermarket to that site. Staff was so directed by the Mayor. D. Councilman Taylor was concerned with the lack of street sweeping being done on Valley, west of the wash. He felt that staff should be sure that R.F. Dickson knows that portion is in Rosemead City limits (in front of Builders Emporium). At that part of Valley, San Gabriel is on the north side but Rosemead is on the south side. Donald J. Wagner, Assistant City Manager, stated that this problem would be looked into. E. Councilman Imperial was very concerned with the construction project at 7503 Whitmore. He felt that this was "trash" even though it met all requirements of the building codes. Councilman Imperial felt-that the County restrictions on the quality of materials are not strict enough and are lowering the standards of construction. He wondered if it were possible to have City codes upgraded beyond what the County requires. Councilman Taylor agreed about the materials but did not think that the City could control that portion of the building code. Councilman Imperial felt that staff should be directed to check this out to see if the City could require stricter building material codes. He was generally concerned with the overall building activity of the City, not only the R-2 zone. Mayor Cleveland requested that a study be done on this subject. F. Councilman McDonald recognized Sergeant Whitten and Team Leader Estrada from the Temple City Sheriff's Station. He thanked them both for appearing at the Council meeting and ackowledged the reduction in the crime rate. He went on to say that there would be a proclamation recommended to that effect. G. Councilman Imperial requested a status report on what kind of program staff is conducting for the Council to combat the amount of illegal dwellings being built without permits in the City of Rosemead. He would like this by the meeting after next, if possible. H. Donald J. Wagner, Assistant City Manager, presented an update on the progress of hiring a City Clerk. He stated that 11 applications had been received and that testing had been scheduled for Tuesday, August 18, 1987. The results would be forwarded to the Council as soon as they became available. Mr. Wagner then CM 8-11-87 Page #7 asked the Council when they would like to schedule interviews. They agreed it should be a Saturday, but due to prior committments in August, the date for interviews would probably have to be in September. A definite date would be set at a later time. Councilman Imperial wanted a memo on any applicant who was denied an interview, explaining why staff felt they were inadequate. Mr. Wagner said all test scores would be passed along to the Council and they could then interview any or all of the applicants. I. Mr. Wagner, Assistant City Manager, referred to a memo he had given to the Council on Monday, regarding the status of the Alhambra High School District's visit to Sacramento to discuss the issue of funding with the State Allocation Board. Dr. Peppin was unavailable for comment on Tuesday and Mr. Wagner would contact him as soon as possible and let the Council know the results of the Board's trip. VIII. ORAL COMMUNICATIONS A. Margaret Clark, 3109 N. Prospect, presented a list of fees " collected by the Alhambra School District for development. She was afraid that continued high-density development would convince the Board that a high school would be justified in Rosemead. She also stated that there was talk of the necessity of a new elementary school. B. Mr. Patel, 8544 E. Mission Drive, Rosemead, asked if he would receive more response to his complaints if he came direct to the Council and bypassed City Hall. Councilman Taylor told him that he should still try to deal with staff at City Hall and they would try to solve his problem. C. Juan Nunez, 2702 Del Mar, was concerned with the street sweeping services provided to the City. There has been glass in the street at the corner of Del Mar and Garvey (near Pic-N-Save); the turning radius is skipped as the sweeper makes his turn in the middle of the intersections. The Council Meeting was adjourned to August 25, 1987, at 8:00 p.m. APPROVED: D MAYOR ~ CM 8-11-87 Page #8 Respectfully submitted: