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CC - 07-28-87APPROVED CITY PF RODEAD DATE _4 MINUTES OF THE REGULAR MEETING BY ROSEMEAD CITY COUNCIL JULY 28, 1987 AT 8:00 P. M. The Regular Meeting of the Rosemead City Council was called to order by Mayor Cleveland at 8:10 p. m., in the Council Chambers of City Hall, 8838 E. Valley Blvd., Rosemead, California. The Pledge to the Flag,.was led by Councilman Imperial. The Invocation was delivered by Reverend .Art Freund. ROLL CALL OF OFFICERS: Present: Councilmembers Bruesch, Imperial, McDonald, Taylor; and Mayor Cleveland Absent: None APPROVAL OF MINUTES: JULY 14, 1987 - REGULAR MEETING Councilman Taylor requested that a clarification on Page #5 be made to reflect that the change from C-1 to P. D. will be the last one with a lot size of 3,000 sq. ft. Councilman Bruesch stated that the vote on Page #9 introducing Ordinance No. 607 should be changed to show an "abstain" vote by Councilman Taylor instead of a "no" vote. There being no objection, it was so ordered that these cor- rections be made to the minutes. MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN BRUESCH that the Minutes of the Rosemead City Council Meeting of July 14, 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. I. ORAL COMMUNICATIONS FROM THE AUDIENCE A. Esther Chow, 3100 Del Mar, Rosemead, stated that she had received a citation from the Planning Department because she had cracks in her driveway and having no white lines in the parking lot. She stated that there were a lot of cracks in the City Hall parking lots and those were.not fixed and could not understand why her property should be taken care of, if others that are worse are not cited. She felt that if this was a genuine problem then a warning should be given first before a citation is issued. She com- mented on neighboring properties, such as the Library on Del Mar and the Convalescent Hospital on Del Mar, whose parking lots are in much worse condition than hers, and if her property was cited then so should those be. Councilman Taylor stated that:,-,the properties to which she was referring should be checked and"the problems should be cor- rected and Mrs. Chow should see to it that her property is also fixed. Frank G. Tripepi, City Manager, stated thatthe citation that Mrs. Chow was referring to, was not a citation, but only a warning. He stated that it looks like a citation;=however, it is a warning, and this warning was a result of the Building Inspector inspecting modifications requested by her tenant. He was not able to work with her tenant; however, he felt that he would be able to work with Mrs. Chow if she would come in to his office later and he would explain to her what would be necessary.to be done. The tenant felt that since this was Mrs. Chow's property, the problem was Mrs. Chow's. He.assured her that this was not in retaliation for anything, and he would be happy to meet with her and have the problem clarified. Councilman Imperial stated that he felt that Mrs. Chow would have the right to see whatever documents there are on other properties with the same problem and see what is being done about them. CM 7-28-87 Page #1 • • Councilman Bruesch requested a memo regarding Mrs. Chow's problem and a chronological listing of events so that he could better understand the situation. B. Elizabeth Mata, 8724 De Adalena, commended the Council for taking a good long look at the R-2 Zoning amendments, and she felt that the overcrowding was an important issue for the City. She, inquired what an R-1 Zone was. Councilman Taylor stated that a R-1 Zone is primarily for single-family residences and with ancilliary buildings:such as . garages. Mrs. Mata inquired if Rosemead was a single-family community. Councilman Taylor stated that Rosemead was primarily a single- family community. Mrs. Mata called to the attention of the Council that there are some.very large violations of the R-1 Zone, and she presented to the Council a booklet with addresses which violate the R-1 Zone. She commented about a neighbor who had enclosed a patio and she had thought it was done with a City permit; however, she later found out the addition was done without a permit. She was upset because people in the R-1 Zone are converting garages, con- ducting small-businesses and adding on to their houses, and when they are sold, those properties are bringing more money for their property than those who are maintaining the R-1 status. She felt that was a way of depreciating her property. She did not appreci- ate small businesses in the R-1 Zone. She stated that Mr. Tripepi and Mr. Wagner are aware of the problem of a small furniture manu- facturer and it went on for over a year before they could stop it. Councilman Taylor inquired if this was the cabinet shop that she had called him about. Mrs. Mata stated that the business she was referring to took place a few years ago, and that was the time that she became aware that the R-1 in her area was not R-1 any more. She stated that there were garages that were being used for apartments. She felt that if the City was going to allow residents to convert garages into apartments,tthen the zoning should be changed so everyone can do it. Councilman McDonald stated that the City does not allow the conversion of garages into apartments, and since there is.only one Code Enforcement Officer, there are times that every violation is not discovered; however, the City is adding another Code En- forcement Officer so that as many violations as possible can be caught. Mrs. Mata questioned if there was a limit on the height of bushes that are used for fences. Councilman Imperial stated restricts the height of fences; included plants or not. that there was an ordinance that however, he did not know if that Mrs. Mata stated that directly behind her property the exist- ing garage was enlarged to twice its original size, and it was used for a woodworking hobby; however, the hobby has turned into much more than a hobby. At one time, there was furniture being built on one side and a hobby.behind her with saws going all day long. She complimented the City for their help. Councilman Taylor stated that he was a little puzzled by Mrs. Mata's statement that this problem has been going on for three years with staff's cooperation for the past year and the problem is still not getting solved. Mrs. Mata stated that she did not feel that it was the City's fault only that there are not enough people to enforce the laws. Councilman Taylor stated that even with more people to enforce these violations, it would be very difficult to go door to door to check to see if patios have been enclosed. CM 7-28-87 Page 112 Councilman Taylo he would support Mrs. one knocking on doors As far as the cabinet it.could be operating with it. r stated that as.far as the cabinet shop Mata 100%i however, he did not want any- to check if patios have been enclosed. shop, he was most anxious to find out how this long and how they are getting away Mrs. Mata stated that the cabinet shop started ',about a year ago, and it was inspected and the noise that they were making did not exceed the decibel level, and there was no mer- chandise in view. She was told that she needed to get proof of the business activity. She was able to get a business card. Councilman Taylor stated that the business card should be helpful because that shows that they are trying to promote it as a business. Mrs. Mata stated that the only thing she have businesses operating in the R-1 Zone. S the City to take care of her problem any more hired her own attorney. She stated that both Tripepi came down each time they were called, able to find any more than she had. wanted was to not ae did not expect because she has Mr. Wagner and Mr. but they were not Mayor Cleveland expressed his appreciation to Mrs. Mata for bringing this problem to the attention of the City Council and stated that staff would be contacting her to see the situation through with her. Mrs. Mata stated that if this was going on in her immediate area, she has been told that it is rampant in Rosemead, more than one Code Enforcement Officer should be hired to take care of this problem. Councilman Imperial stated that one more Code.Enforcement Of- ficer is being hired and if one is not enough then more will be hired until the problem has been controlled. He stated that when she meets with Mr. Tripepi, she should give.him the addresses, and then it can be checked to see if permits have been taken out. Mrs. Mata stated that it was her understanding that someone adds on to the house with an enclosed patio, then the property is sold the new owners apply for a permit and the property is brought up to compliance, and it is o. k. Councilman Taylor stated that when the Code Inspector does discover something like that, and it is an allowed use, it must be brought up to all the standards required by the City. He added that Mrs. Mata would have the same options to add on to her home; however, he was sure she would be sensible enough to come in and get a permit to do it legally. It is the responsibility of the City to see to it that the regulations are enforced and that per- mits are taken out for all additions and that it is in the proper zone-. He reiterated that these properties will be checked. Councilman Bruesch commented that the only violations are not in the R-1 Zone and they are in the R-2 Zone. He felt that some people are clever enough to meet the letter of the law but not the intent of the law. He remarked.about a case where someone was do- ing major repairs on cars.; however, when the inspector would ques- tion the repairs they would always be working on their own cars, and it was a known fact that it was a business. and that was the way he earned.his living. He agreed that the City cannot be look- ing into people's backyards all the time; however, he did believe that more code enforcement was needed, and appreciated that she did.bring up this problem. Councilman Imperial stated that he felt that there should be some type of mechanism set-up within the City that when a home is sold, a type of 'inspection could be made by the City. This would also eliminate a lot of problems for the home-buyers. Councilman Taylor stated that any property can be inspected if it is suspected that there is a violation of the codes, and can be brought into compliance. CM 7-28-87 Page #3 Mrs. Mata stated again that she was not complaining about the lack of attention by the City; however, she reiterated the need for more Zone Enforcement Officers. Paul Mata, 8724 E. DeAdalena, commented on the fact that there are a lot of 'people buying these properties and squeezing out the original landowners. V. MATTERS FOR DISCUSSION & ACTION A. Modern Service Mayor Cleveland requested that this item be taken out of order since Mr. Griegorian and his Attorney, Mr. Andrews have other committments. There being no objections, it was so ordered. Frank G. Tripepi, City Manager, stated that the current con- tract with Modern Service requires that they do not pick-up trash prior to 6:00 a. m.;.however, they are requesting that pick-up be allowed at 5:00 a. m. in order to provide their operators with sufficient time to travel to the local landfills that they utilize. They are also requesting that the City Council extend their contract for an additional five years in order to amortize an estimated in- vestment of $2,000,000 for the purchase of new vehicles which will allow them to haul a greater load a further distance. Mr. Andrews expressed his appreciation to the Mayor for accom- modating them by placing this item earlier on the Agenda. He stated that under the present contract, Modern Service is supposed to dump basically at the Pellisier Dump; however, what is now occuring is that the County dumps have established daily quotas, and once the quota for the'day has been reached, the dump is closed. The trucks then have to go to another.dump to dump their refuse, and this im- pacts Modern Service and every other hauler in the area on a time basis. That.is one of the reasons to start at 5:00 a. m. in the morning in order to get the loads dumped before they close that dump down. The reason these dumps are closed early,,, ?is to help make the dumps last longer. Incineration of trash is, not now going to happen. He remarked that many of the Councilmen have made it clear that,'they.don't want to discuss the.extension.of the Contract and,.that,this will not be under consideration; however, there are some high-tech trucks that will carry twice the pay-load and not be overweight, but these trucks cost $130,000 a piece. Rosemead uses 10 trucks. His client wants to make sure before investing that much money, that his contract will last long enough to get the return on the investment. He felt that it was very dangerous to stay in`the status quo, because steps should be taken now to improve the situation in the refuse industry. His information is that within the life of this contract dump, charges are going to be $20 to $25 a ton, and when that point is hit, he stated that the City would be subsidizing dump fees in excess of $100,000 a month. He felt that the City and.Modern Service should start working to- gether.if the City wants to do anything.about this problem, and if the City doesn't want to do anything and just wait until the con- tract runs _out 'in 4 years, then that can be done also. They are willing to meet with the City at anytime if the City has any inter- est. Councilman Bruesch agreed with Mr. Andrews about the danger that is 'being faced, and stated that even if it were possible to open up a new solid waste dump area, it.would take seven years just to license it. The Solid Waste District states that there are only six years of dump space available, and so it would already be too late to license a place in the San Gabriel Valley. He added"that dump fees in the next _six years are going to triple according.to the'people,at the Puente Hills dump. He felt that something should be done about this problem now and not wait for another four'.years, and that the neighboring cities should be involved in the problem. He felt that this problem was going to involve more than larger trucks and earlier hours, and.he felt that there should be a Solid Waste Management Plan which would involve not just dumping but recycling of both commercial and household refuse. CM 7-28-87 Page #4 • Councilman Bruesch continued by saying that he was not opposed to an hour earlier pick-up of the trash and he knew of other cities who have also gone to an hour earlier pick-up; however, if all' cities do it, then we would have to go another hour earlier so that would not be the answer either. Mayor Cleveland stated that he thought these items are definitely open for discussion with the County and the State, and some method of disposal is going to have to be made in the future; however, what is of particular interest here is the local pick-up. It has to be pick-up and take it where it is going to be utilized. Councilman Imperial stated that the pick-up of trash makes a huge noise and it is being requested that this pick-up take place at 5:00 a. m. and as the problem increases it could then be requested to have the pick-up at 4:00 a. m. As representa- tive to the Sanitation District, he knows that this problem is being checked into by them. He felt that the trash throughout Los Angeles County is being hauled to the San Gabriel Valley, and keeping their dumps for a rainy day. He felt that having bigger capacity trucks would not help because ...then they;', et would charge more money for the fees. He felt that the pressure should be placed on the other cities in the County to keep their garbage out of the San Gabriel Valley. This would allow our dumps to last longer, and Rosemead should be taking a stand and letting them know that the City means business. Councilman Bruesch stated that the basic answer is that too much trash'is produced. If there is less to put in, then there will be a longer life of the dumps. Councilman Taylor requested that the Council consider the two requests. MOTION BY COUNCILMAN BRUESCH, SECONDED BY MAYOR CLEVELAND that Modern Service be allowed to pick-up the trash at 5:00 a.m. instead of 6:00 a. m. ..Vote resulted: AYES: Councilman Bruesch and Mayor Cleveland NAYES: Councilmen McDonald, Taylor and Imperial, ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion was duly-rejected. Councilman Imperial stated that he would not subject the-"people of this community to a 5 o'clock pick-up, and he did not think that the double capacity truck would work and if the majority of the Council agrees, then this item should just be received and filed. Councilman Taylor stated that he did not feel that the ex- tension of the contract for another five years should be voted upon. He commented upon some action that is being taken by the County Board of Supervisors, and'they are saying that if L. A. City will accept their responsibility of helping to dispose of their own trash, the County is proposing to reopen the landfills that they'had closed, thereby shoving 65% to 68% of all the trash in L. A. County into San Gabriel Valley. This is a solution that is being worked on now because the trash burners were all turned down. He stated that he could go along with some of the recycling programs if that money is credited back to the Cities or if Cities end up handling it. He did not want to vote for the continuation of the contract where the rates do not go down and all of the benefits of recycling is passed on to the rubbish haulers. He was not' prepared to extend this contract for another five years and more has to be done on this particular item. Councilman Bruesch agreed with Councilman Taylor; however, he agreed with Mr. Andrews in that the City has to start now to make those types of studies to find out exactly which way they are going to go. He requested that staff make inquiries of the surrounding cities in seeing what discussions they have had re- garding this problem. Councilman Imperial stated that if staff were to check with the County Sanitation District, they would get a complete up-date of what has been studied and discussed. CM 7-28-87 papa ff 5 II. PUBLIC HEARINGS A. PUBLIC HEARING TO CONSIDER THE VACATION OF A PUBLIC ALLEY NORTH OF GARVEY AVENUE(JACKSON-PROSPECT) Jim Thomas, 7533 E. Garvey #6, concurred with the staff's recommendation. Leroy Young, 7533 E. Garvey, wanted to make his statement in form of a.rebuttal if there is any opposition.to the consi- deration of vacating the alleyway. He was in favor of the vaca- tion of the'public alley north of Garvey between Jackson and Prospect. Cleo Young, 7533 E. Garvey, greeted the Mayor and the Council and stated that she was against whoever was opposed to the vacation,of the alley. Bernard Anchetta, 3019 Jackson, stated that prior to vacating this public alley, the City of Rosemead should remove the inoperable vehicle in the alley just north of his property.and thinks it should be cleaned and weeded before it is transferred to the owners. He felt that posting a notice of the public hearing is not adequate and the owners should get personal notification of actions involv- ing their properties. Frank G. Tripepi, City Manager; stated that the City agrees with Mr. Anchetta's concerns and he will get him a status report on inoperable vehicle and the weeds will be taken care of through weed-abatement. Leroy Young stated that he felt that this alley should be called a storm drain easement because that is what it is. The following Resolution was presented for adoption: RESOLUTION NO. 87-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD VACATING AN ALLEY NORTH OF GARVEY AVENUE BETWEEN JACKSON AND PROSPECT AVENUES MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN BRUESCH that Resolution No. 87-32 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. .Councilman-Bruesch commented that there was something on Evelyn that was listed as.an alley and inquired if this was the same circumstance where there is an alley easement but not really an alley, or has this been taken care of also. Councilman-Taylor requested a written report on this to verify some of the questions that were raised tonight. -Councilman'Bruesch wanted to see what the status is, and if there is a simi•1ar situation, he would like to see that also. Cleo Young stated that this property turns into a wash and has never'been'an alley. Frank G. Tripepi, City Manager; stated that he would have a report prepared for the City Council. B. PUBLIC HEARING TO CONSIDER GENERAL PLAN Frank G. Tripepi', City Manag should be deferred because of the R-2 Zone. Robert Kress, City Attorney, will have to be renoticed because it to a date certain. =r, stated that this Public Hearing study that is taking place on the stated that this Public Hearing the Council is unable to continue CM 7-28-87 Page h' 6 Councilman Bruesch inquired when the R-2 Zone consideration would be heard by the Planning Commission. Frank G. Tripepi stated that it would be August 3, 1987. Councilman Imperial inquired if there would be a moratorium placed on the R-2 construction until the Council has a chance to consider the R-2 amendment. He was concerned that there would be lot of people requesting permits to over-build if there isn't a moratorium placed as soon as possible. Councilman Taylor requested that this item be placed on the next agenda. Councilman Bruesch stated that if a moratorium is discussed at the next meeting, he wanted the City Attorney's legal opinion in light of the church case earlier this summer. Councilman Imperial stated that the church case would have no bearing on what the City is contemplating for Rosemead, and he felt that if the Council waits until the R-2 amendment is discussed and completed, what will be done to protect the City and the citizens of this community from over-building. Councilman Taylor stated that with the Planning Commission meeting being held on the:3rd,_there should be some very pertinent information by the time the Council meets on the 11th of August. There is nothing that can be done until it is placed on the Agenda for the 11th. Councilman Bruesch stated that he is as adamant against over- building as anyone; however, he had received information at the League Conference; that many City Attornies are concerned that a flat-out moratorium on R-2 would beillegal in light of the Supreme Court decision. He stated that there were opinions on both sides of the issue, and he reiterated that if there is going to be a moratorium on R-2 construction, he would like to have a legal opinion on it. Robert Kress, City Attorney, stated that he had no concern at all in adopting a limited moratorium for 45 days. He stated that provision has been in the Planning and Zoning Act for a number of years and it is designed for precisely this type of situation where there is an on-going study and there is a desire to maintain the status quo pending a determination as to what the new Ordinance provision ought to be. If the Council wanted to adopt a long-term moratorium, he might have had a different opinion. He felt that what would be appropriate to have in the moratorium would be the development in the R-2 Zone to the highest R-2 stan- dards. For example if someone wanted to develop to the R-1 stan- dard in the R-2 Zone, no one would want to prohibit that from oc- curring.in"a moratorium period or at any time. MOTION BY COUNCILMAN McDONALD, SECONDED BY COUNCILMAN BRUESCH that this item be deferred to a later date and notice of the public will be advertised again. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman McDonald recommended that staff develop that moratorium, just in case it is needed, on the limited use of the R-2 with the restrictions that the Council plans to adopt. III. LEGISLATIVE A. ORDINANCE NO. 606 - AMENDING MUNICIPAL CODE BY REQUIRING MINIMUM LOT SIZES IN THE P. D. ZONE The following Ordinance was presented for introduction on its first reading: - CM 7-28-87 Page. #'7 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 MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN BRUESCH that Ordinance No. 606 be introduced on its first reading and the reading in full be waived. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. B. ORDINANCE NO. 607 - ZONE CHANGE FROM C-1 TO P. D. AT 8846 MISSION DRIVE Councilman Taylor stated that this is only the zone change and the plan would be approved at a later meeting, and although he had abstained on this particular item earlier, he would make a motion to approve it. The following Ordinance was presented to the Council for adoption: ORDINANCE NO. 607 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING A CHANGE OF ZONE FROM C-1 TO P. D. FOR PROPERTY LOCATED AT 8846 MISSION DRIVE MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN BRUESCH that Ordinance No. 607 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Imperial requested that the record show that even though he voted to adopt this Ordinance, he was not in favor of wide-spread zone change in commercial areas to resi- dential. He commented that there was a great need to have a market on the north end of town, and he did not feel that would happen if commercial properties are changed to residential. C. RESOLUTION NO. 87-28 - APPROVES IS SUANCE OF 1987 NOTES The following Resolution was presented for adoption: RESOLUTION NO. 87-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING THE ISSUANCE BY THE ROSEMEAD REDEVELOPMENT AGENCY OF ITS PROJECT AREA NO. 1, TAX ALLOCATION NOTES, SERIES 1987, IN AN AGGREGATE PRINCIPAL AMOUNT APPROXIMATELY EQUAL TO $14,335,000, AND MAKING CERTAIN DETERMINATIONS RELATING THERETO MOTION BY COUNCILMAN BRUESCH, SECONDED BY COUNCILMAN McDONALD that Resolution No. 87-28 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor.declared said motion duly carried and so ordered. D. RESOLUTION NO. 87-29 (86-87) CLAIMS & DEMANDS The following Resolution was presented for adoption: RESOLUTION NO. 87-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $404,789.03 NUMBERED 337; 338; 344; 357, 19853 THROUGH 19931 INCLUSIVELY MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN BRUESCH that Resolution No. 87-29 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CM 7-28-87 Page X18 • Councilman Bruesch inquired about the CDBG Commercial re- bate which was issued in the amount of $14,142.38 for contamin- ated soil and questioned what was so contaminated to cost so much to remove. Frank G. Tripepi, City Manager, stated that he would pro- vide the Council with a memorandum regarding that problem. E. RESOLUTION NO. 87-30(87-88) CLAIMS & DEMANDS RESOLUTION NO. 87-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $142,374.88 NUMBERED 336; 339-343; 345-356; AND 19933 THROUGH 20045 MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN BRUESCH that Resolution No. 87-30 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. F. RESOLUTION NO. 87-31 - RESOLUTION ADOPTING PRECISE ALIGNMENT/ANGELUS AVENUE - KLINGERMAN STREET OPENING RESOLUTION NO. 87-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ACCEPTING INTO THE CITY STREET SYSTEM AND APPROVING THE PRECISE ALIGNMENT OF A PORTION OF ANGELUS AVENUE AND KLINGERMAN STREET MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN BRUESCH that Resolution No. 87-31 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Taylor requested that the pictures received from Elizabeth Mata be returned to her and that the minutes so reflect that this was done. IV. CONSENT CALENDAR (CC-A, CC-B, CC-D, CC-G and CC-I deferred) CC-C ATTENDANCE AT THE LEAGUE OF CALIFORNIA CITIES CONFERENCE IN SAN FRANCISCO, OCTOBER 4-7, 1987 CC-F ATTENDANCE AT THE INTERNATIONAL CITY MANAGER'S ASSOCIATION CONFERENCE, MONTREAL, CANADA, OC P)EER 25-29, 1987 CC-H ATTENDANCE AT THE CONTRACT CITIES' CITY MANAGERS CONFERENCE IN SOLVANG, SEPTEMBER 20-22, 1987 CC-J ACCEPTANCE OF ROAD DEEDS AND PERMITS TO ENTER/ANGELUS AVENUE STREET PROJECT CC-K POW/MIA FLAG RAISING - TENTATIVE AGENDA CC-L REQUEST FOR SOLICITATION OF BIDS FOR ROSEMEAD HANDYMAN 25TH BID PACKAGE MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN McDONALD 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. CC-A TRAFFIC SIGNAL, STREET IMPROVEMENTS AND ON-SITE PARKING MODIFICATIONS AT SAN GABRIEL BOULEVARD AND DELTA STREET AWARD OF BIDS Councilman Bruesch inquired why there was an alternative A and an alternative B on this particular project. Ed Cline, Traffic Engineer, stated that because they were anxious to complete this project before the summer is over, and if "A" the contractor demonstrated the ability to supply the equip- ment in a relatively short fashion, then we wanted him to do that. CM 7-28-87 Page k 9 Ed Cline continued by saying that if the Contractor was not able to do that, then "B" would allow the City to exercise its prerogative to use another source. It is preferred that the Contractor provide the equipment if for no other reason than the warrantees that are received with the equipment.and until the project is accepted that it would be the contractors responsibility completely for the 'project. He felt that the $18,000 for the controls was a very fair price, and this was primarily a time factor that caused this procedure. MOTION BY COUNCILMAN BRUESCH, SECONDED BY COUNCILMAN McDONALD that the contract be.awarded to Steiny and Company for the Traffic Signal, Street Improvements and on-site parking modifications at San Gabriel and Delta Street. Vote resulted: AYES: Councilmen Bruesch, Imperial, McDonald, and Mayor Cleveland NAYES: Councilman Taylor ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Taylor requested that the record show that the reason that he voted "no" on this project originally and he did not believe that this was the proper solution for that parking situation at Don Bosco. CC-B AWARD OF BID GRAFFITI REMOVAL SERVICES Councilman Imperial commented on the fact that there was only one bid received on graffiti removal services, and he had a problem with that. He felt that there should be more than one bid and felt that it should be renoticed. Councilman Taylor inquired where it had been advertised. Jeff Stewart stated that it had been advertised in the Sun Independent Newspaper. Councilman Taylor stated that it should be advertised again. Councilman Imperial also requested information on how things are put out to bid and he wanted information from the staff on what it would take for the City to run it's own anti-graffiti pro- gram, as far as manpower and equipment and what-have-you. Councilman Bruesch stated that it may be worthwhile to con- tact other cities to see who they are contracting with for this service. He stated that he personally knew of two other entities that run graffiti abatement programs. Councilman Taylor inquired if there was an urgency on this item and inquired if the City was now without a contractor. Frank G. Tripepi, City Manager, stated that since a por- tion of graffiti removal is under the CDBG grant, he would defer to Mark Fullerton; however, he felt that Mr. Sullivan would con- tinue with the City's portion until it is readvertised. Mark Fullerton stated that the CDBG portion of the graffiti removal program has been going on for four years and six years with the City, and the one-year contract expired on July 22, 1987 and although approval from the County has been received to continue the program, cost could not be incurred without the execution of a contract. Frank G. Tripepi, City Manager, stated that an extension of a 30-day or 45-day can be applied for at Mr. Lund's office, and this will give the City an opportunity to rebid the program. There being no objection, this item was deferred for rebidding. CM 7-28-87 Page #10 CC-D REQUEST FROM MR.BIRKMAIER REGARDING RETIREMENT Philip Birkmaier stated that he was an employee of the City for a period of 8z years and as of August 21st, 1987 he would be retiring. He had submitted a request for early retirement and it was denied, and he had also submitted a request for a lump-sum payment which was rejected. He commented on letters received from Milliman & Robertson, Consulting Actuaries, and referred to page #1, Item #1. A participant in poor health will elect the lump sum. This drives up the cost of the plan, because the plan funding assumes that not all participants will survive until they are eligible to receive benefits. He remarked that he was 57 years old and - before that happens to him, he is coming before the Council requesting-his retirement benefits which were set-up for the em- ployees by the City. He inquired if the Council had reviewed the policy recently and commented on page #16, 3rd paragraph,.states "if benefits begin at age;55 or above, the maximum amount payable shall also be reduced proportionately in the case of a particular employee who has completed fewer than 10 years of service with the employer." He stated that he had spoken to Mr. Tripepi about this, and on Page #7, he agreed in manner, "the early benefit qualification date shall be the later of: the date the participant attains the age 55 or the date he completes ten years." Well, as explained to him the later date would be the ten years; however; on Page #16, he felt that it-was contradictory. He stated that he had consulted with his broker and they also felt it was contradictory. He also remarked about the statement in the letter that stated that there was no lump sum, but the policy does say so. He felt that there should be more review of this policy before a decision on his be- half is made. He is very much interested in this, not only for himself, but for the other employees. He is retiring and he is leaving this State, and although the City has graciously provided this Retirement benefit for him,at no cost to him, he would suggest that the employee could possibly participate in it. He felt that this needs a complete review, and there are points in the policy that should be studied. He inquired if there is a denial of his request, he would like to appeal it on the basis that his own broker and attorney has suggested it. Councilman Imperial stated that he felt that it needs to be reviewed because it does not have a 10-year clause in it. Normally„ retirement benefits are not available unless a participant has been in it for at least ten years. He felt that this request would be setting a precedent by allowing it and it.would be costly to-,the taxpayers. Councilman Taylor stated that there is something ambiguous- about it and at this time he would be opposed to the request be- cause it would be precedent setting. He commented on the fact that the City Clerk had brought this up when she had 821 years of service and she was told that there was a 10-year requirement. He felt that this statement needs to be clarified and requested a report back from the City Attorney and the City Manager, and reiterated that he would be opposed to this request at this time. Frank G. Tripepi, City Manager, stated that he would be happy to provide a memo to the City Council to get this clarified. He also commented that the Clerk had been told that she would not be eligible for early retirement after only 8~ years of service. He felt that this was a fair plan and it does reward the employees who stay with the City a long time, and this has been the concern of the Council. Councilman Taylor stated that he did not feel comfortable voting on this tonight, and requested that this item be deferred to the next meeting and he also requested a copy of the Retirement Plan this week, instead of Thursday of next week with the Agenda. There being no objection, it was so ordered that this item be deferred. CM 7-28-87 Page #11 I n U E Councilman Imperial requested that the staff get together with Philip Birkmaier to inform him of the Appeal process. CC-E CONSOLIDATED FIRE PROTECTION DISTRICT BENEFIT ASSESSMENT Councilman Bruesch commented that he thought that the Super- visors may be backing off on this item. Frank G. Tripepi, City Manager, stated that the County is going to go on a holding pattern for at least 90 days. Councilman Bruesch stated that he felt that the City Council should just wait and see what happens. before they oppose it in a resolution. Councilman Taylor has a reservation about not being on record opposing their assessment district. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN McDONALD that the City Council oppose the Consolidated Fire Protection Dis- trict's proposal to form a Benefit Assessment District until such time that the arguments presented are addressed adequately. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Bruesch stated that about three months ago the County was going to put the burden of Mosquito Abatement on the Cities, and he requested a memo from staff to find out if they are proceeding with this and how much it will cost the City also. CC-G RECEIPT AND AWARD OF BIDS FOR HOME IMPROVEMENT PROGRAM/ McCARTY, 4638 N. IVAR AVENUE MOTION BY COUNCILMAN BRUESCH, SECONDED BY COUNCILMAN IMPERIAL that the Contract be awarded to Daniel's Builders in the amount of $28,699 for home improvements at 4638 Ivar Avenue. Vote resulted: AYES: Councilmen Bruesch, Imperial, McDonald and Mayor Cleveland NAYES: Councilman Taylor ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Taylor requested that the record show that his "no" vote was not against the applicant, but only against the funding that is being used for this program. He inquired if the Council was not to get a report of how much money was available in these programs. Frank G. Tripepi, City Manager, stated that was the status of the bank funds, and he thought it was every six months and he would make sure that the Council receives it. CC-I APPOINTMENT OF ACTING CITY CLERK Councilman Imperial wanted his position on this item to be known, and inquired how many people have responded to this posi- tion. Frank G. Tripepi, City Manager, stated that they had received about 12 to 15 calls and about 6 requests for applications for the position. Councilman Imperial inquired what would be a reasonable time to expect an interview of these people. Frank G. Tripepi, City Manager, stated that the job announce- ment closes July 31st and as soon as the Council can interview the applicants and choses one, it would take a two to.three week notice with the job that they are at. Councilman Imperial suggested that the Council goes along with the staff's recommendation for a 30-day period and he wanted an evaluation after the 30-day period and a status up-date. He did not want this to be a permanent arrangement. CM 7-28-87 Page #12 L i Councilman Taylor stated that he did not feel that was the intent of the recommendation; however, he would not go along with that either. He did not have any objections with the 30-day period, and he inquired how many applications have actually been received. Frank G. Tripepi stated that they had actually received three applications to-date. Councilman Imperial restated his position regarding this matter in that the City Clerk's position should be a position completely apart from the City Manager's jurisdiction or anyone else within staff, and that she works at the will of the Council like the City Manager does. Councilman Taylor agreed wholeheartedly. Frank G. Tripepi stated for the record that he had absolutely no desire to become the City Clerk, and he did not particularly want the additional responsibility of being the Clerk._ This action is being requested in order to sign the necessary documents because it appears it may be to the middle of September before there will be a City Clerk on-board. Councilman Taylor stated that he had been under the impression that the Clerk was to retire about the 1st of September. The City Clerk shook her head that that was never the intent. Frank G. Tripepi, City Manager, stated that it was his under- standing that the City Clerk would stay on until September 1st, and after the budget session on June 6th, the City Clerk stated that she was retiring on August 4th, 1987. Councilman Taylor stated that the 30-day period was agreeable with him and this will be brought back to the Council on August 25, 1987. MOTION BY COUNCILMAN IMPERIAL, that the appointment of Acting City 30 days and at that time there will evaluation. Vote resulted: UPON ROLL CALL ALL COUNCILMEMB The Mayor declared said motion duly SECONDED BY COUNCILMAN TAYLOR Clerk will be for a period of be a status report and an ERS PRESENT VOTED AYE. carried and so ordered. VII. MATTERS FROM OFFICIALS A. Councilman Bruesch commented on a proclamation to the wrestlers of the Boys Club and he just found out that Michael Rojo went to Mexico to the International Meet and placed 2nd. B. Councilman Bruesch stated that now that the Auto Auction has a new owner, he wanted staff to begin talking to the new owner to see what type of concessions we can get on the parking problem down there. He felt that if that business creates part of the problem, they should be part of the solution to the problem. C. Councilman Taylor requested an up-date on the SB442, and wanted to know. what the out-come has been. He requested a copy of the State Subdivision Code Book and a copy of the Subdivision Map Act, and a full up-date on the bill. Frank G. Tripepi, City Manager, stated that legislature is in recess and there has been nothing going on on that bill, and when the legislature reconvenes it will go back to a committee on the Senate side because of the amendments that took place. Maggie Clark stated that it went to Local Government and it barely passed, and it is going to Ways and Means sometime after the 17th of August and if it passes that it will go to the full Assembly and then back to the Senate. 2 noes, 2 abstentions and 6 yes votes is how it passed the Local Government Committee. Councilman Taylor requested the up-date on that bill with the booklets that,he had requested to see how it is going to affect that law. CM 7-28-87 Page #13 • Councilman Imperial stated that he wanted the City Manager to direct the Legislative Analyst in Sacramento to again reaffirm the City's position as against this bill regardless of what is done to it. Councilman McDonald acknowledge the attendance of Sgt. Whitton and Team Leader Ralph Estrada, and also introduced Rosemead School Superintendent Vera Wallin. He expressed his appreciation to them for attending the Council Meeting. VIII. ORAL COMMUNICATIONS A. James Clark, 3109 Prospect Avenue, submitted a letter from a resident who was not able to submit it at the last meeting regarding the Ordinance #606; however, the sentiments are still the same and was in favor of the amendment and restrictions of the R-2 Zones. B. Mary Ramirez, 2353 Falling Leaf, was concerned about a lot that had held one home now holds four, and she commented on a lot that had two homes now has eight homes being built on it. She did not feel that the children would have any place to play other than the street and inquired if something could be done about Graves and Falling Leaf. She remarked about another empty lot and she hoped that it would not be over-built like those two properties to the north and south of her home. She was in favor of the ordinance restrictions of 4500 sq. ft. for each dwelling. . Councilman Bruesch had received a read-out of how many houses could be built at 3000 sq. ft. and at 4500 sq. ft.' If 3000 sq. ft. would be continued to be built, there would be 2,960 new homes and an increase of population of 10,000-11,000 people. He stated that A no matter how many people complain, he will not allow another 10,000 people to live south of the freeway because the City does not have the space nor the infrastructure to handle it. Mrs..Ramirez commended the Council for their stance on this subject over-crowding in Rosemead. She believed in responsible and planned growth that would benefit all the community. C. Cleo Young, 7533 E. Garvey, expressed appreciation to the City Council for all the hard work that they had put forth on the SB442 bill, and presented the Council of copies. She also commented on the population explotion brought on by over- building and the affect that it had on the trash problem. Holly Knapp commented on Modern Service request that the City of Rosemead should pay $130,000 for their rubbish truck, and inquired if other businesses ever asked the City to con- tribute to their businesses. She felt that Mr. Griegorian should pay for his own trash trucks from his own pocket and from his profit. She remarked that she recently returned from a trip to New Jersey and they have to separate their trash and this may soon occur for the City of Rosemead. She felt that if this should take place there should be a reduction for the consumer. If trash is being recycled,someone is making money on it. Councilman Bruesch stated that there was a study that showed that recycling costs the consumer more; however, balancing that against the avoided costs in dump fees, the consumer will gain. Councilman.Taylor stated that he did not have a problem with recycling; however, he realized that there was money to be made in recycling but if the people in this community are going to be trash pickers, they are going to get the money back. Holly Knapp stated that on the R-2 issue she felt that where there are already two units on a property, those people should be allowed to improve or rebuild their property with a grandfather clause. The Council Meeting was adjourned to August 11, 1987 at 8:00 p. m. APPROVED: Respectfu submitted: M OR City C1 k CM 7-28-87 Page #14