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CC - 03-24-87MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL MARCH 24, 1987 AT 8:00 P.M. CITY O ROSx:AIEAD DAT' y I,Y The Regular Meeting of the Rosemead City Council was called to order by Mayor Imperial at 8:05 p. m., in the Council Chambers of City Hall, 8838 E. Valley Blvd., Rosemead, Calif. The pledge to the Flag was led by Councilman McDonald. The Invocation was delivered by Reverend Carlos Perez. ROLL CALL OF OFFICERS: Present: Councilmen Bruesch, Cleveland, Mc Donald, Taylor and Mayor Imperial Absent: None APPROVAL OF MINUTES: MARCH 10, 1987 - REGULAR MEETING MOTION BY COUNCILMAN CLEVELAND, SECONDED BY COUNCILMAN MC DONALD that the Minutes of March 10, 1987 be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. PROCLAMATION: Frank Cordova Mayor Imperial presented Frank Cordova with a proclamation congratulating him for.the scholarship that he was awarded by the J. Edgar Hoover Foundation for being the Sheriff,' Depart- ment's outstanding Explorer at the Temple City Sheriff's Dept. In addition to his parking control functions, Frank Cordova helps the Sheriff's Department with finger printing, crowd con- trol and bicycle licensing and as special event security. Mayor Imperial wished him well in his career as a Sheriff's Deputy. Frank Cordova expressed his appreciation to the Council and staff at City Hall, and to Lt. Volker Niewisch,for inspiring him to.become a Sheriff and he thanked his parents for their support and help so that the could reach his goals. He stated that he was very proud of the commendation and scholarship award, and thanked everyone. PRESENTATION: SAN GABRIEL VALLEY TRANSPORTATION ZONE Bill Forsythe, Forsythe & Associates, commented that his firm had been-under contract with the County of Los Angeles and the local steering committee to supervise the preparation of the transportation zone application. He remarked about the resolution which the Rosemead City Council had adopted last December in opposition to the San Gabriel Valley Transportation Zone, and he requested that this action be reconsidered after his presentation. -His presentation explained that in 1984,.. Supervisor Schabarum introduced the concept of replacing.certain of the RTD operations in the San Gabriel Valley with privately contracted service. The source of funding would not be changed onlythe source of operation, and therefore money would be saved. He commented that the area being considered includes 29 cities and about 350 square miles and 1,500,000 in population, and he stated that Rosemead would be very crucial to this geographic area. He commented that the current bus operations would be maintained, and the line numbers, fare structure, and transfer points would remain the same and would not have any negative effect upon the current operation. He remarked that the cost saving was not because of a differential in the labor rate, but the more efficient use of labor and lower overhead. He stated that a phased system of implementation is being proposed.within a period of two years. He commented that the primary purpose of a transportation zone is to provide an enhanced aspect of local control, and this would be through a Joint Powers Authority, and this authority would have an executive board; five members elected by the City and two members from the County. CM 3-24-87 Page #1 Bill Forsythe stated that 24 of the 29 cities have passed. resolutions supporting the Transportation Zone, and LATC requires that .any city that wants to actively participate must pass a resolution endorsing the concept and agree to take it to the next step,.which is the participation of forming a Joint Powers Authority, and then'the LATC will have to approve the formation of the Transportation Zone, and this takes eight of the eleven votes. If..approved, then the specifics of the Joint Powers Authority Charter and By-laws would be presented to.the Council. He felt that it would be more efficient and cost saving because of the smaller size. Mayor Imperial introduced Mike Lewis, Chief Deputy for Super- visor Pete Schabarum, and inquired'if he had any comments to make on this subject. Mike Lewis, Chief Deputy, stated that he appreciated the op- portunity in being able to make their presentation and would be happy to answer any questions. Councilman Bruesch commented that Rosemead would have one of its major bus routes inside the proposed zone and one route outside the zone. Mr. Lewis stated that this does occur in a number of cities, and it is the function of the guidelines which specify what kind of routes would be run by the zone and which run by RTD. He re- marked that the service would not be affected and the stops would be the same as it.is now, although he felt that the quality of the service and equipment would be improved by the use of private contractors. Mayor Imperial made a motion to rescind the resolution that was adopted by the City Council, based upon two facts that should be considered. The first fact being that he did not feel that all the information had been provided and he would like a chance to look at the brochure that had been presented to the Council, and secondly, he felt that this project will be approved, and he wanted t'he.City.of Rosemead to-be part of ..the make-up of this committee: - :--n~ Councilman Bruesch inquired if a motion would be appropriate since it is not an Agenda item. Robert Kress, City Attorney, stated that it had been placed on the Agenda as a topic, and commented that the amendments to the Brown Act are designed to give the public notice.of what is going to be discussed and acted upon. He stated that as a judge- ment call he did not have a problem with taking action.at this time. Councilman Taylor inquired if two items could not be.placed on the Agenda at the next meeting, one to rescind and the other to reconsider the resolution which was adopted on December 9, 1986 regarding the Transportation Zone. He still had reserva- tions to the Transportation Zone', and felt that it was similar to the AT & T_breakup. The problem with the management of the RTD is still there and will not be solved by this Transportation Zone. Councilman Bruesch commented that Rosemead was not the only City that had not supported, the Transportation Zone. Monrovia, Pasadena and San Gabriel have chosen not to support this proposed zone. Mayor Imperial honored Councilman Taylor's request to put this item on the next Council Meeting's Agenda and withdrew his motion to rescind the Resolution. I. ORAL COMMUNICATIONS A. Juan Nunez, 2702 Del Mar, inquired who was responsible for the flashing traffic lights at schools. Mayor Imperial stated that a memorandum would be prepared for him regarding that subject. CM 3-24-87 Page N2 • Mr. Nunez.commented that the lights at Williams Schools . were out for three weeks that he knew of and he had gone before the school board and was told that the City maintained those lights. He felt the board should have.someone report these things to the City when the lights are out. Councilman Taylor remarked that at the corner of Temple City Blvd.; and Valley there are eight street lights out and have been out for a full month, and he requested a report back on why this is happening. Mayor Imperial directed staff to check into the complaints that Mr. Nunez commented on regarding the lights and requested a memorandum be prepared for Mr. Nunez and the Council and that the lights Councilman Taylor commented on be taken care of, and a report be prepared for the Council. II. PUBLIC HEARINGS A. PUBLIC HEARING TO CONSIDER AN APPEAL TO THE PLANNING COMMISSIONS DECISION TO DENY WITHOUT PREJUDICE THE CONDITIONAL USE PERMIT REQUESTED BY MAY'S EDUCATIONAL INSTITUTE AT 8705 VALLEY BLVD., ROSEMEAD Mayor Imperial opened the Public Hearing and inquired if there was anyone in the audience who would care to speak regard- ing this matter. Dave Apodaca, 9014 Hershey St., Elder of the Rosemead Church of Christ, stated that he did not.want to circumvent the.Conditional Use process, although the State evaluator for this area in connec- tion with the downstairs day school has informed them that there is no statute that prohibits the use of the upstairs. He remarked that the church would be using a portion of the upstairs as neces- sary for their own purposes. He stated that the Planning Depart- ment recommended approval of the Conditional Use Permit and the . Planning Commission was also ready to approve the use until the Lens raised their objection. He felt that this was the Church's responsibility as the 'landlord and not the City's tomork out any possible tenant disagreements. Councilman Bruesch inquired how long the upstairs has been vacant. Mr. Apodaca stated that is not vacant as the Church uses it Sunday and Wednesday and sometimes on other days of the week. Councilman Bruesch inquired if it had been rented out before. Mr. Apodaca stated that occassionally.it had been rented out, and Rosemead Adult School was one of the tenants for the past couple of years off and on. Councilman Bruesch inquired if the rental of that portion of the building was an essential part-of.their'.budget. Mr. Apodaca stated that the church will not go bankrupt if it is not rented; however, it would be very helpful in planning for the church to have that additional income from these two leases. Nick Liu, 3106 N. San Gabriel Blvd., Rosemead, stated that he had been hired by the May's Educational Institute, and a lot of money has already been spent on equipment, teachers and secre- taries. He commented that the purpose of this institute is.to help teach English to the immigrants who have recently arrived in the United States. He commented about the concerns of May Leung and presented slides showing that other pre=school.sites in the area have had similar situations and how they have re- solved their problems with fences. He felt that their upstairs Institute would not interfere with the pre-school downstairs. Mayor Imperial inquired if a fee was charged for this school. Mr. Liu stated that they did charge a fee. CM 3-24-87 Page #13 • • Robert Chen, 401 E. Valley Blvd., San Gabriel, spoke on behalf of the Rosemead Church of Christ and May Leung Institution. He could not see why this has been made an exception since there is no law or ordinance or code whatsoever to prevent an adult school along with a pre-school. He.commented that the church wants to rent 6 large classrooms,-over 55,000 square foot, and questioned who would be a better tenant than an educational center. This would be one for adults upstairs and pre-schoolers downstairs, and he felt that this would be better than renting it to another kind of business not involved in. educational purposes. He stated that a fee is= charged, but it is very minimal, and the purpose is to educate the working immigrant people to learn the language and also for vocational training. Mia Chen, 554 Cameron Crest, Diamond Bar, representative of Evergreen Child Center, and stated that her main concern is the safety of the children. Mayor Imperial inquired if this was a pre-school for primarily Chinese children. Mrs. Chen stated that they would accept any nationality and there is no racial discrimination. She stated that in the State Social Service Department in Title 22, racial discrimination is not allowed. Mayor Imperial commented that he could not understand the problem with having Chinese elders upstairs learning the language. Mrs. Chen stated that she was concerned over sexual-abuse. Mayor Imperial felt that if the pre-school is doing their job properly and watching over these children this problem should be minimal. Mrs. Chen commented that there was only one restroom facility downstairs, and she did not want the pre-school license jeopardized by having adults upstairs. Mrs. Chen passed out a circular that stated that Adult School is not going to be used upstairs when the Evergreen Learning Center is coming in. She could not see the dif- ference in the Rosemead Adult School and the Mays Adult Institute. Councilman Bruesch inquired if it was a stipulation of the rental agreement that when the pre-school opens that there be no adult school upstairs. He wanted to know if the Rosemead Adult School was required to move out. Mr. Apodaca stated that the Rosemead Adult School was not required to move out, and this was not any part of the lease with the pre-school. Councilman McDonald commented that Mr. Apodaca represented the owners of the building and.there are two tenants who want to lease the building and inquired if he could not get these two tenants to come to an agreement without the City getting involved. Mr. Apodaca stated.that he would like to get approval for both of the tenants for use of the Church's facilities. Mrs. Chen is concerned that if the upstairs is leased for adult edu- cation that the State will deny her permission to operate her school, because she was told by a representative of the State that although it was not illegal to have an adult school upstairs that she would not recommend approval for the child center. Councilman McDonald stated that he did not feel that the Council or the Planning Commission could deny their right to go into their:business. He felt that-the City shouldnot be the resolver of this dispute, if they meet all the City's re- quirements. He felt that the owners should, work out the,problem between the tenants. Mayor Imperial'stated that .the occupancy permit was,the reason for the City's.involvement in this. CM 3-24-87 Page #4 0 • Councilman McDonald remarked that after looking at the occupancy permit, he could not see any reason for denial. Mrs. Chen stated that her only concern was for the 40 or 50 children. Mr. Apodaca stated that they are also concerned about the welfare of the children, and did assure everyone that the adults would not be sharing restroom facilities with the children.' Mayor Imperial inquired if there was anyone else who would care to speak regarding this subject matter. No one came forward, and the Mayor closed the Public Hearing.) Councilman Taylor requested a clarification on the bathroom facilities involved, and inquired how many there were and who would be using them. Mr. Apodaca stated that in the downstairs portion of the fellowship building there are three restrooms, one is for small toddlers and there is a separate boys and girls bathroom. The people who would be leasing the upstairs portion would be using the restrooms that are actually in the rear part of the Church. There is one for men and one for ladies in the Church. Councilman Taylor stated that the letter that had been presented to the Council by Mrs. Chen implied that when the day care school comes in the adult school will no longer use any space. He felt the implication was that the facility would not be used full time or daily use of the building by adults. He commented that the adult school will beiin operation from 8:30 a.m., to 10:00 p.m. every day of the week except Sunday. He felt that was a high intensity use, and he did not know of any other church building that is used to that intensity. He did have reservations about such high intensity use. He com- mented that Mrs. Chen had a contract with the Church for the day-care center and her concern is that her license will be jeopardized by the approval of the adult school.because it has already been implied by the State representative that she would not recommend approval. He inquired who was paying more rent for the building. Mr. Apodaca stated that Mia Chen is paying $500 a month plus additional for utilities, and the people-that are being considered for the upstairs portion are paying.$2000. Councilman Taylor felt that the first party is being jeo- pardized if there is a chance that because of the school upstairs, - she may not be able to establish.a day-care center. Mr. Apodaca stated that he had made it clear to both parties that he felt morally obligated to go with the day-care center if it came to a choice of tenants because an agreement had already been signed with her. Councilman Taylor inquired, when the Evergreen School would be in operation., Mr. Apodaca stated that it would be in approximately one month. Councilman Bruesch stated that he agreed with Councilman McDonald in that he felt that the City should not be involved in this case at all, and he felt that both of the businesses that would.be operating in the building are-legal, and this would be a matter between landlord and tenants. He felt com- passion for both tenants. He commented that at Willard School there has been the same type of situation as this would be; an adult school along with a grade school, and has gone on for seven years and there has never been a problem. He remarked that if the State should be causing.a problem in allowing Mrs. Chen, she could call upon State Legislators to help her get ap- proval of her application. He also commented to Mrs. Leung that Mrs. Chen should be allowed to get her business started before the adult school moves in upstairs. CM 3-24-87 Page H5 Councilman McDonald stated that he felt that the Council was out of their realm in taking on the responsibility of mediat- ing contracts with Mr. Apodaca,'and whoever had the first con- tract has legal recourse if there should be a problem in the future. MOTION BY COUNCILMAN MC DONALD, SECONDED BY MAYOR IMPERIAL that the Appeal for a Conditional Use Permit be granted subject to the conditions listed in Exhibit.A.' Vote resulted: AYES: Councilmen Bruesch, Cleveland, Mc Donald, and Mayor Imperial NAYES: Councilman Taylor ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Taylor requested the record show that his "no" vote was because he felt that this would be a high intensity use because of the long hours the building would be used. Mayor imperial requested that the record show that his reason for wanting both businesses there is because he felt that they are both needed and he felt that the immigrants need some help in learning to speak the English language. He commented that when his parents came to this country from Italy, they did not have schools like this at that time, and he felt that it would have been helpful to them.and immigrants should be helped as much as possible. B. PUBLIC HEARING TO CONSIDER ZONE CHANGE FROM R-2 TO M-1 ZONE FOR PROPERTY LOCATED AT REAR OF 8712 GARVEY AVENUE .Mayor Imperial stated that the Public Hearing was open and inquired if there was anyone in the audience who would care to speak. No one came forward and the Public Hearing was closed. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN MC DONALD that the Zone Change from R-2 to M-1 at 8712 Garvey Avenue be ap- proved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. The following Ordinance No. 601 was introduced for its first reading: ORDINANCE NO. 601 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING CHANGE OF ZONE FROM R-2 TO M-1 FOR PROPERTY LOCATED AT REAR OF 8712 GARVEY AVENUE MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN MC DONALD that Ordinance No. 601 be introduced on its first-read- ing 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. Councilman Bruesch stated while he is not usually in favor of small zone changes of this nature, this is only to straighten a zone line south of a major arterial, and he had no qualms about supporting it. B. PUBLIC HEARING TO CONSIDER A ZONE CHANGE FROM R-2 TO PLANNED DEVELOPMENT (P-D) AT 2719 S. MUSCATEL AVENUE Mayor Imperial stated that the Public Hearing was open and inquired if there was anyone in.the audience who would care to speak regarding this zone change request. Mike Mangana, 9702 Naomi, Arcadia, developer, stated that he.would be happy to answer any question that the Council may have, and stated that he hoped the Council would approved the development of ten single family dwellings. CM 3-24-87 Page H6 Al Zellar, 3431 N. Ivar, Rosemead, stated that after he down Muscatel, where this construction is being proposed, he felt that this would help cleanup the area. .Mayor Imperial inquired if there was anyone else who would care to speak regarding this project. No one else came forward,. and the Public Hearing was closed. MOTION BY COUNCILMAN MC DONALD, SECONDED BY COUNCILMAN CLEVELAND that the Zone Change from R-2 to P-D at 2719 S. Muscatel be approved. Vote resulted: AYES: Councilmen Bruesch, Cleveland, Mc Donald, and Mayor Imperial 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 specifically against the'Owen Development Corporation or the buildings as such. He stated that his "no" vote was only against the size of the lots. Councilman Bruesch commented that he also had reservations about the size of the lots;.and his other concern was about the percentage of the lots that was covered by the houses; however, he voted in favor of this zone change because he agreed with"the gentleman, Mr. Zellar, that.this was one of the areas that did need cleaning up, and improvement. He felt that there was a lack of clarity in the P-D Zoning, in lot size, and he suggested that when-the new.Zoning Code is being considered,that the lot size in the P-D Zone be addressed and also percentage of coverage on the lots. The following Ordinance No. 602 was introduced on its first reading: ORDINANCE NO. 602 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING A CHANGE OF ZONE FROM R-2 TO P-D FOR PROPERTY LOCATED AT 2719 S. MUSCATEL AVENUE MOTION BY COUNCILMAN MC DONALD, SECONDED BY COUNCILMAN. CLEVELAND that Ordinance No. 602 be introduced on its first reading and the reading in full be waived. Vote resulted: AYES: Councilmen Bruesch, Cleveland, Mc Donald, and .Mayor Imperial NAYES: Councilman Taylor ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly.carried and so ordered. Councilman Taylor stated his "ho".,vote was not in opposition to waiving the reading in full. However, he did want to comment that the Council needs to direct the Planning Department by their next meeting or two, to put something on their agenda for the P-D Developments. He felt that the:biggest problem is the lot sizes. He commented that this Council voted down a development because of the crowding of the units. He felt that something should be done about this so that this problem does not continue throughout the City. Councilman Bruesch stated that there was another issue, and that was that if a developer can come into the City and allowed to build homes in the P-D Zone on smaller lots than the single lot owner in an R-1 or R-2 Zone, which'; would be unfair to the owner of the R-1 and the R-2 property. Mayor Imperial stated that this could cause Rosemead to have the same type of overcrowding problem that Monterey Park has, and he stated that he was in favor of maintaining the minimum of 5,000 sq. foot and for more recreation area.and yard. CM 3-24-87 Page #7 • Mayor Imperial concluded his statement by directing the staff to go to the Planning Department and come-up with a reason- able solution for the Council's consideration. C. PUBLIC HEARING TO CONSIDER THE ZONE CHANGE FROM R-1 TO PLANNED DEVELOPMENT AT 3826=3838 MUSCATEL AVENUE Mayor Imperial stated that the Public Hearing was `open and inquired if there was anyone in the audience who.would care to speak regarding this matter. Jim Graham, 1613`Chelsea Road, San Marino, owner of the pro- perty, and stated that the lots are 6000 sq. it. net and four of these six lots are actually pool-sized, and if there are any questions, he would try to answer them. Al Derenzi, L & D Engineer Co., 106 West Lime Avenue, #205, Monrovia, stated that the client is accepting the'conditions of, approval which were recommended by the Planning Commission. He commented that a 6,000 sq. ft. net size is being maintained and that the private street instead of a public street is due to the shape of the property. The property otherwise meets all the R-1 standards and will be developed at the R-1 density. Neil Eskuri,248 E. Main Street, Alhambra, architect, stated that he felt that this was the best design for the property and has designed the homes to fit the property. He stated that as far as the price range goes, they will try to keep them around $150,000. Councilman Bruesch inquired what the percentage of the lot coverage was. Mr. Eskuri stated that the homes cover less than 50% of the lot's size. Mayor Imperial inquired if anyone else would like to speak regarding this project. No one came forward and the Public Hearing was closed. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CLEVELAND that the Zone Change from R-1 to P-D at 3826 to 3838 Muscatel be granted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. The following Ordinance No. 603 was introduced on its first reading: ORDINANCE NO. 603 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING A CHANGE OF ZONE FROM R-1 TO P-D FOR PROPERTY LOCATED AT 3826-3838 MUSCATEL AVENUE MOTION BY'COUNCILMAN _TAYLOR, SECONDED BY COUNCILMAN CLEVELAND that Ordinance No. 603 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. Councilman Taylor stated that.on one of these zone change projects the compaction of the driveway,was listed at an 807. com- paction, and`he felt that was an error and he wanted to make sure that the figure would be corrected to 90% to prevent failures in the driveways.. Councilman Bruesch commented that he felt that this project on Muscatel was the type of P-D Zoning that would be acceptable in R-1.and.R-2 areas-with less than 50% lot coverage and have 5,000 to 6,000 sq. ft..lot size, and have 1900 to 2000 sq. ft. in the house structure. He felt that this was a fine way in im- plementing a P-D. CM 3-24-87 Page #8 III. LEGISLATIVE A. RESOLUTION NO. 87-10 - CLAIMS & DEMANDS RESOLUTION NO. 87-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $152,232.29 NUMBERED 00139-00158/18874 THROUGH 19057 INCLUSIVELY MOTION BY COUNCILMAN CLEVELAND, SECONDED BY COUNCILMAN BRUESCH that Resolution No. 87-10 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Taylor inquired about an item listed on Page k9 regarding payment of $1000 for broken window repairs. Michael Burbank stated that.it was the plate glass window at the Community Center and at Garvey Pool. B. ORDINANCE NO. 600 - SETTING COUNCILMEMBERS SALARIES ORDINANCE NO. 600 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD SETTING CITY COUNCIL SALARIES MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CLEVELAND that Ordinance No. 600 be introduced on its first reading and the reading in full be waived. Vote resulted: AYES: Councilmen Cleveland, McDonald, Taylor and Mayor Imperial NAYES: Councilman Bruesch ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. .Councilman Bruesch stated that he-was sorry that he could not vote in favor of this increase since only 4% was allowed for the employees, and until such time they are allowed the same amount of raise he could not vote for a 5% raise for the Council.. Robert Kress, City Attorney, inquired if Councilman Bruesch did not want the entire Ordinance read in its entirety. Councilman Bruesch stated that he did not want it read in full. C. RESOLUTION NO. 87-11 - ADOP' STANDARD. SPECIFICATIONS FOR RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL ADOPTING 1987 SUPPLEMENTS TO THE FOR PUBLIC WORKS CONSTRUCTION LING 1987 SUPPLEMENTS TO PUBLIC WORKS CONSTRUCTION 87-11 OF THE CITY OF ROSEMEAD STANDARD SPECIFICATIONS MOTION BY COUNCILMAN BRUESCH, SECONDED BY COUNCILMAN MC DONALD that Resolution No. 87-11 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR (CC-B, CC-H, CC-J-and CC-K deferred) CC-A FINAL TRACT MAP #44744 AT 3215 IVAR AVENUE CC-C LOADING ZONE AT DEL MAR CONVALESCENT HOSPITAL CC-D PARKING PROHIBITIONS/HELLMAN AVENUE CC-E PROTECTED LEFT TURN PHASING--SAN GABRIEL BLVD :/HELLMAN CM 3-24-87 Page N9 0 CC-F LOADING ZONE IN FRONT OF CALIFORNIA CHRISTIAN HOME CC-G AUTHORIZATION REQUESTED TO ATTEND 1987 CITY ATTORNEY LEAGUE CONFERENCE IN MONTEREY, MAY 6-8, 1987 CC-I FINAL PARCEL MAP #17958 AT 3164 BARTLETT AVENUE MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN BRUESCH 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-B ACCEPTANCE OF DEL MAR PROJECT FROM HELLMAN/200 FEET SOUTH OF GARVEY Juan Nunez, 2702 Del Mar, stated that he had mentioned before that at the 3rd or 4th house north-of Emerson on Del Mar the gates are left open and are interfering with pedestrian traffic, and also about the cars that are parked with their rear ends parked on the sidewalk and this is on the 3rd property north of Hellman. He also commented on the -'vehicles that are parked in the areas where the lanes narrow down by the left-turn pockets. He also remarked about 'a control box in the middle of the sidewalk at the corner of Garvey and Del Mar, and he was told that nothing can be done about that Mayor Imperial directed staff to research the items that Mr. Nunez has mentioned and prepare a memo to the Council. Councilman Taylor stated that he would like in the future a summary.page be prepared of all of the changes and the deductions listed, such as what has been deleted out. He felt that this was very.poorly done and all the attached 'pages have to be deciphered individually, and if there was a summary page it would be helpful to the Councilmen. He commented that this project was $150,000 over which is 13% over budget, and he•requested..a red-lined set of plans for the Council showing where all of these corrections had taken place. Frank G. Tripepi, City Manager, stated that if Councilman Taylor would feel more comfortable with this item, it could be deferred to the next meeting and this would allow time to pre- pare a red-lined set of plans. Councilman Taylor stated that deferring the action on this item would not change the outcome of the vote; however, he did feel that there was a better way of preparing this item. Councilman Bruesch commented on the change orders that took place at Zapopan Park and although there were not as many change orders as this project, . it would have been helpful to have had a summary sheet. He felt that the summary sheet would be helpful to him to find the line items. Mayor Imperial directed staff to prepare a summary sheet for this project and all others. MOTION BY COUNCILMAN CLEVELAND, SECONDED BY COUNCILMAN BRUESCH that the Del Mar Project from Hellman to 200 feet south of Garvey be accepted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CC-H AGREEMENT BETWEEN CITY OF ROSEMEAD & ROSEMEAD FOUNDATION Councilman Taylor requested that this item be deferred and that someone from the Chamber be-present at the next meeting because he had several questions that need to be answered. He was interested in the final ownership of the land and the building and he inter- preted that it would be with the Foundation, and paragraph 9 of the agreement regarding the operating costs.in the new facilities for the period after August 8, 1990 needs to be clarified by the Chamber of Commerce at the next Council Meeting. CM 3-24-87 Page #10 Mayor Imperial agreed with Councilman Taylor and stated that he could not vote on this item at this time, and he commented that this was committment to the Chamber for a four year period and after that they should be self-sufficient. Robert Kress, City Attorney, stated the entire agreement was drafted by him, and he put the language into paragraph #9 to operate as a sunset provision. Hew. comme_nted_ that it was not his understanding of the ballot provision that after. these funds are paid over to the Rosemead Foundation, that there will be a Visitor's Center for ever-more. For the agreed upon four years, the City will set aside and give the money under certain circumstances that are.defined:_in this.aereement, and he wanted to make sure that in four years that this amount would not continue as a Chamber subsidy, and the language in Paragraph #9 would force the parties after the four years to de- cide if the Visitor Center Program was working, if the City wished to continue funding for that particular Visitor Center, and what services would be provided and what the City would want to pay for. Mayor Imperial stated that as far as he was concerned, after four years he would have to give a lot of consideration to the subsidy that the Chamber is receiving, let alone 2% of the tax, and from that point on, he did not want to even consider it now, or in four years. Councilman Taylor requested that at the next meeting, he would like to have a copy of the ballot given to the Council so that they can actually read what was put in there under the Council's signature and what was presented to.the•people. Councilman Bruesch stated that he wanted it clearly stipu- lated that it is the Council's option to decide whether to con- tinue or discontinue, and he felt that #9 looks like it is going to be a joint decision. Councilman Taylor stated that the Visitor Center was not going to be only for the Chamber of Commerce to operate for the businesses totally, and this agreement states that if the City wants to continue the Visitor Center after the four years, the operating costs will then be negotiated. He wanted it clearly understood that.the $28,000 that the City has given.to.the " Chamber will have to cover all'of the promotions-in the City, and,if need be,that subsidy can be cut back. He did not want the Chamber to come back in four years and say that the program has run out and now the City will have to pay the Chamber to run it. There being no objection, this item was deferred to the next Council Meeting on April 14, 1987. CC-J STREET IMPROVEMENT ASSESSMENTS--7962 NEWMARK AVENUE Councilman Taylor requested a breakdown of the properties. He remarked that there was something very disproportionate in the figures listed. He commented on the claim for Mr. & Mrs. Hernandez, and the total assessment of $1656, appraised value of dedication.of $1275 and the net cost to property owner of $381. He commented on the amounts paid to.the other residents and the amounts of the assessments and the variations in costs. He requested a breakdown of square footages dedicated and what work was:.actually done and why such a variation exists and re- quested this information by the next Council Meeting on April 14, 1987. There being no-objection, it was so ordered. CC-K APPROVAL OF PLANS & SPECIFICATIONS FOR THE SAN GABRIEL BLVD., AND DELTA TRAFFIC SIGNAL.AND MEDIAN RECONSTRUCTION AND AUTH- ORIZATION TO SEEK BIDS Councilman Bruesch inquired if those medians would be removed. cCM 3-24-87 Page #11 Ed Cline., Traffic Engineer, stated that the median in front of the school had been reconfigured, and presently the westbound traffic has a relatively short left-hand pocket to go into the main entrance, and that left-turn pocket is in- adequate during anytime that cars are coming and going. He commented that the left-turn pocket would put into the school for westbound traffic and this way the flow would be reversed. He stated that portion of the median would be taken out, recon- figure the median, making a longer left-turn.pocket going into the school where it is currently exiting, reverse their parking lot where they will exit opposite Delta and they will advantage of the signal. Councilman Bruesch inquired what was being done in the front parking lot. Ed Cline stated that the front parking lot would be slurried over to cover-up the existing parking stall markings because they must be reversed. Counncilman Bruesch commented on the fact that the City is paying for this project and the County is not contributing any funds at all. Councilman Taylor stated that all westbound traffic only has one.way into Don Bosco High School if they are coming up Walnut Grove and going westbound on San Gabriel.and if they are going eastbound they can always make a right-hand turn and go into the parking lot. This proposal would be eliminating the left-turn lane at the signal, and the pocket east of that point becomes the only left-turn lane for the westbound traffic. He stated that traffic would have to go about a block and half and make a U-turn to get into the eastbound lanes. He wanted a: definite understand- ing from the School that this is what they have understood and what they plan to do about it. He did not feel that this proposal was solving any of the problems. Ed Cline stated that this was a compromise solution, and they tried to separate the student parking from the traffic that was there only.to drop the students,.and the faculty arrives ahead of the mass student arrival and leaves a little later than the mass student departure. He stated that there would be pedestrian gates Out in to separate that particular area from the larger faculty parking, and a new driveway will be put in at the westerly extent of the property to accomodate and separate the student park- ing altogether from the other activity. Councilman Taylor inquired about the west driveway and asphalt paving going about 80 to 100 feet on private property., Ed Cline stated that the school was concerned with their loss of on-site parking, and the driveway was located so that the loss would be minimized. Councilman Taylor inquired who was paying for the on-site improvements. Ed Cline stated that they were part of the City's contract. Councilman Taylor.stated that was precedent setting, and inquired if and.when private driveways have been built on private property and have-not been assessed. Frank G. Tripepi, City Manager, commented.that the school had requested that the entire parking lot be repaved and they were told that the City would only make improvements that had been created as a result of the project, and they have agreed with the design as presented to the City Council. Councilman Taylor stated that he felt improvement because of the high volume of could not vote for putting in the driveway He stated that the school should be contac going to do about it. that the signal was an traffic, however, he without an assessment. ted to see what they are CM 3-24-87 Page #12 Mayor Imperial stated that this item would be deferred. Councilman Taylor requested that the number of high school students that drive and that they have the clear understanding that they must drive westerly to Lawrence and make a U-turn. Mayor Imperial directed that this item be deferred for additional information to the next Council Meeting. VII. MATTERS FROM OFFICIALS A. WAIVER OF FEES FOR ZAPOPAN COMMUNITY CENTER Councilman Taylor, after reading the waiver of fees that have been approved in the past, did . not realize that there had been so many. He had no problem with this request, since it is a community organization. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN BRUESCH that a waiver of fees for Zapopan Community Center by Rosemead Citizens for Civic Action be approved and that a refund of $94 be granted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. B. Councilman Bruesch commented that at the last meeting 'he had asked for figures on the student growth in the area, and requested that information on City.letterhead. C. Councilman Bruesch inquired who was responsible for the cleanup of debris after an automobile accident. Mayor Imperial stated that he had asked that question some time ago and was told that the Sheriff's Department does not have the obligation. Frank G. Tripepi, City Manager, stated that the tow drivers carry shovels and brooms and it is their responsibility to clean the debris. If there is no report taken and is merely an ex- change of license information, and the debris is left there, then the City crew will clean it up when told about it. Mayor Imperial felt that like that is reported and,.'.in City has a liability..- it could be days before something the meantime, he felt that the Councilman Bruesch requested that staff investigate the accident on Falling Leaf Saturday night regarding who was the tow truck operator who was supposed to clean up the mess, and also he wanted to see a police report on that accident to see if the narrowness of the street had been a contributing factor to the major accident that took place. Mayor Imperial stated that he felt that an employee should be driving these streets and if an accident had not been reported he would immediately call the Sheriff's Department to cordon-off the area to get the glass cleaned up. Councilman Bruesch commented on an accident which took place on Monday morning at the corner of Park and San Gabriel Blvd., and there was a tow truck there; however, the glass is still there today. Mayor Imperial stated that until the Tow Truck operator is found, the glass sits in the middle of the street endangering some- body's well-being. Councilman Taylor stated that all.traffic accident reports should..list::'.the_ tow truck service company's name, and have the requirement in the Code that tow truck operators are required to cleanup after an accident. CM 3-24-87 Page #13 VIII. ORAL COMMUNICATIONS A. Holly Knapp, 8367 E. Whitmore Street, expressed her appreciation to the Council for waiving the fee for the Zapopan Community Center. Holly Knapp stated that she did not feel that people should make a business out of teaching English as a second language when it can be provided to them through Public Education. Councilman Taylor remarked that he felt that the people who want to get the supplemental education that is being provided to them by these businesses s'iould be encouraged and complimented; however, the part of this project that he did not agree with is the high intensity use which was open from 8:30 a.m. to 10:00 p.m. This is not just a daily school use, and it is a business, with students going in and out continuously. Holly Knape) inquired about the. Gentlemen's Tea House and, asked if the'.problem.had been resolved. Donald Wagner, Assistant Manager, stated that he had met with the owners of the property about a week ago, and they took out a Dance and Entertainment Application and have not returned it as yet. He stated that when it is returned, she.would be notified., Holly Knapp also remarked that she hoped that she would see everyone at the Rosemead Prayer Breakfast this Saturday morning. B. Leroy Young, 7533 E. Garvey Avenue, questioned why the owners of property were assessed for the widening of Newmark when it was for the benefit primarily of the Arlene.Bitely School. Councilman Bruesch stated that this widening was down on Newmark near Builders Square. C. Juan Nunez, 2702 Del Mar, commented on a big accident on a Wednesday, about three weeks ago, on Fern and Del Mar and the tow truck operators towed the vehicles away; however, the plastic was still left there, and on the Sunday of that week another accident took place and the rubber strips that had been laying there were there for weeks. He stated that the tow, truck operators do not use their brooms even if they do have them. Mayor'Imperial adjourned the Council Meeting to March 31, 1987 at 7:30 p. m. Respectfully submitted: APPROVED : City. erk MAYOR CM 3-24-87 Page #14