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CC - 09-23-86CIT11 OF ROSIE' NIKEA ) DATrr / MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL SEPTEMBER 23, 1986 AT 8:00 P.M. 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, California. The Pledge to the Flag was led by Councilman Taylor. The Invocation was delivered by Hugh Foutz, City Treasurer. ROLL CALL OF OFFICERS: Present: Councilmen Bruesch, Cleveland, Taylor, Tury and Mayor Imperial Absent: None APPROVAL OF MINUTES: SEPTEMBER 16, 1986 - ADJOURNED MEETING Councilman Bruesch commented on a few typographical errors in the minutes, and inquired if he should go over them or just give the corrections to the Clerk? Mayor Imperial said if there were no other corrections,to just give them to the Clerk. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY that the Minutes of the adjourned meeting of September 16, 1986 be approved as corrected. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. PROCLAMATION: 2ND ANNUAL CHILDREN'S EXPO Beth Wyckoff, of Wyckoff and Associates, stated that it would be mailed. ORAL COMMUNICATIONS FROM THE AUDIENCE A. Robert Miranda, 8046 Whitmore, Rosemead, stated that he had submitted a copy of Proposition #163 and some newspaper articles and a document from the Alhambra School District. He requested that the City Council place two items on the Agenda. One was the City Council's position on Proposition X163 and the other was the Council's position on Monterey Park's City Council Resolution No. 9004. Councilman Bruesch stated that he felt that the whole issue of the initiative that was,brought up by that Resolution & by other people, was a stupid waste of time and money. He felt that it was a waste of taxpayers to spend millions of dollars on an initia- tive such as that when there are so many more important things to take care of. He felt that it was a miscarriage of the Initiative power. Councilman Tury -stated that he did not have a problem with putting it on the Agenda. Mayor Imperial stated that he had a problem with putting it on the Agenda and as far as he was concerned.it was a ballot measure and everyone will vote on it as individuals. He added that it was not a City matter; however, if Mr. Tury wants to make a motion and there is a second, the item will be voted on. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN TAYLOR that Proposition #63 be placed on the next Council Agenda. Vote resulted: AYES: Councilmen Bruesch, Cleveland, Taylor and Tury NAYES: Mayor Imperial ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. CM 9-23S86 Page N1 • • Mayor Imperial requested that the record show that his "no" vote was not because he believes or doesn't believe in this item, but because it is an item that is up to the voters in the November Election to make the decision at that time and it is not something that he felt that this Council should take a position on. He felt that each Councilmember should vote their own conscience on it in the November Election. Councilman Taylor requested that the record show that his reason for supporting Mr. Tury was that as a Councilmember it would be appropriate to decide which issue they want to actually support or oppose. He added that at least 50 Assembly or Senate Bills had. been either supported or opposed by the City Council in the past, and in the last election there had been.four or five bills that the Council voted on. He did feel that everyone is en- titled to their opinion and that it would be interesting to put this on the Agenda for discussion at the next meeting. Councilman Bruesch stated that he also felt that it was best to discuss these things in public, and excuses are not necessary for our beliefs, and people should be able to respect other peoples feelings. III. LEGISLATIVE A. RESOLUTION NO. 86-41 - CLAIMS & DEMANDS RESOLUTION NO. 86-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $719,990.52 NUMBERED 10152-10175/17629 THROUGH 17720 INCLUSIVELY MOTION BY COUNCILMAN BRUESCH, SECONDED BY COUNCILMAN TURY that Resolution No. 86-41 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Tury requested the back-up information on Warrant,.. No. 17674. 'i. IV. CONSENT CALENDAR (CC-F and CC-G deferred) CC-A RENEWAL OF AGREEMENT FOR SPORTS LIGHTING MAINTENANCE CC-B REQUEST FOR SOLICITATION OF BIDS FOR LOW INTEREST LOAN/ PLANSCENCIA--7938 HERSHEY CC-C MODIFICATION OF RIGHT TURN LANE ON ROSEMEAD AT VALLEY CC-D ADDITIONAL PARKING REGULATIONS NORTH SIDE OF MISSION DR CC-E THREE WAY STOP/DE ADELENA AND ELLIS LANE CC-H REQUEST APPROVAL OF RECREATION AGREEMENT BETWEEN THE CITY AND THE EL MONTE UNION HIGH SCHOOL DISTRICT CC-I REQUEST TO ATTEND 14TH ANNUAL WE TIP CONFERENCE IN PASADENA, NOVEMBER 14-16, 1986 MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN BREUSCH 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-F APPROVAL OF PLANS & SPECIFICATIONS FOR ON-SITE DRAINAGE AND STREET IMPROVEMENT ON THE SOUTH SIDE OF VALLEY AND WESTERLY OF TEMPLE CITY BLVD., AND AUTHORIZATION TO SEEK BIDS CM 9-23-86 Page n2 i • VERBATIM: Taylor: Mr. Mayor, I have expressed my opinion in the past as far as voting no on these particular problems and I°think, as I stated it is excessive expenditures for private drainage. Bruesch: Mr. Mayor.. Mayor: Mr. Bruesch. Bruesch: What is the total cost of this Taylor: It will go out to bid right now. Bruesch: What is the projected cost of this swale and drainage project? Rubel: The budget includes $140,000. Bruesch: Has a project like this been attempted elsewhere in the City on private property? Rubel: Not that I am aware of, sir. Tury: Mr. Mayor, Mr. Mayor.. Mayor: Yes, Mr. Tury.. Tury: If this is the project that I am thinking of, there is quite a water problem there and a lot of the water problems have been created by some of the development that the City has allowed on Valley Blvd., and I think that to alleviate some of those problems I think it is probably a worthwhile expenditure of the money. I so move the approval if we don't have Bruesch: Mr. Mayor... Mayor' Yes. We have a motion on the floor. Do you care to second it? Bruesch: I'll second it. Mayor: Now, Mr. Bruesch. Bruesch: The reason that I asked that question is that I have probably the same feelings as Mr. Taylor. If we do it here when another problem arises due to ponding and flooding on private property, will we do it again and next time it comes up, again and again. Is this the first step in many? Tury: Mr. Mayor. Mayor: Mr. Tury Tury: I will first answer your question. I think you take each one individually, but this problem was exaggerated by another project that was funded with the CDBG money by block walls and some exces- sive paving that has exaggerated an already poor condition. And if we can allow the money to help a business, to put in a parking lot and block walls and that kind of thing, I really see no pro- blem with-taking some of that same money and helping the residents that are affected by some of our actions. And I think that the improvements that were made on Valley were indeed necessary but they simply exaggerated an already bad situation. I think that is what the money is for. Bruesch: But, my worry is...again I am looking at Washington and seeing what is going to happen with our CDBG money, and say two years down the road and we don't have CDBG and somebody comes with a project similar to this due to whatever..... Tury: I know what you are up against Bob, but we passed up this money for a few years-and about.$3,000,000 worth, and then we decided to take it and I am sure that the residents will under- stand when it is not there. They are the ones that put a Government in place that is conservative to that point, and when they get tired of that kind of a leadership, then they will go to someone who sup- ports these kinds of programs. CM 9-23-86 Page #3 Bruesch: Whether that is the cause of tight money or not, my question is when the money isn't there, will it come out of General Funds? Taylor: You just don't do it. Tury: You just don't.build them. We have been at points where we couldn't do a lot of projects that we wanted to do and this money is available and you use it. I know that we have had philosophical differences on the use of this money, but it is tough to look at any of the programs and say that they haven't worked and worked reasonably well. And if it dries up that just takes away those options. I don't think that you are forced into doing anything. Taylor: Mr. Mayor. Mayor: Mr. Taylor. Taylor: My original comment on this particular item was that I could support the concrete or the swale drainage of.a;concr.ete.'.„ gutter. And if it had to be on my property where there was flooding in my backyard, because of an adjoining property who has more or less sealed-in the water, and I was suffering from that, I think that I could accept a drainage channel to alle- viate a problem that otherwise, I may not have no option, or no alternative. My main objection to this was primarily the under- grounding of special storm drain piping that has to be run out to Valley Blvd., There were a couple of other properties involved with this and both of those properties have accepted, and correct me if I am wrong, I believe that there are two more where we are putting a concrete drain down the property on the surface. So my opposition to this was the excessive cost of the underground storm drain. Tury: Are we doing both, Norm? Are we doing concrete swales and this? I thought this was going to alleviate the problem for all the properties? Rubel: The underground pipes will take the drainage out to Valley. We are putting swales on the two rear lots. Taylor: That's correct. Rubel: But that is to drain off the surface flow that comes down from the bar. I forget the name of the bar. Tury: The bar and the steakhouse. We call it a steakhouse and a transmission place. Rubel: Who wouldn't participate in the project. Tury: O.K. Well, neither one of them had any assistance on any of their projects either, where the other guys all did. So I can understand that. Taylor: Mr. Mayor..- Mayor: Comment to Mr. Rubel. You made the comment, 'they would not participate'. Would you elaborate on that? Rubel: The original intent was to put three drains out to Valley Blvd. One for Randolph, for his two lots, one for the machine shop, then one for the bar. But the bar owner would not allow us to build the drain on his property. So we weren't allowed to take his drainage out to Valley Blvd. It will continue to drain to the south. , Tury: So it is going to go across to John Howe's property and the lady next door to him. Taylor: And they agreed to this. Rubel: Yes. CM 9-23-86 Page N4 0 Bruesch: Point of information, Mr. Mayor. Mayor: Mr. Bruesch. Bruesch: Directed to Mr. Guerra. Commercial Rehab, wouldn't this be something that could be done through Commercial Rehab? Was that ever explored? Guerra: The original questions came up during the Commercial Rehab process on the rehabilitation of Mr. Randolphs property. The scope of the work exceeded the Commercial program; however, it is being funded through the CDBG funds as a separate project. We have made inspections of the steakhouse. We did an initial inspection and work write-up and the owner did not participate further in the program. The machine shop has never asked for assistance through the Commercial Program. Mr. Randolph has an extensive project,on-going through the Commercial Revitaliza- tion program. Bruesch: If all the commercial properties were to participate, would there be enough money in the funding to do this project? Guerra: Not to do this project, and to do the other work that they had planned. If we collected all the lots together and said that this is the only thing that we are going to do, there would be enough money per lot, in that manner. But that would have not left enough money left to rehabilitate the properties, including the facade work and the new parking lots and the new canopes and so forth as scheduled. Bruesch: You know, as I have said right along, this is my idea of what Commercial Rehab should be doing. Taking; a~>really :big pro- blem like this, and it is a problem to them because of the ponding of the water, and using it to alleviate the situation. Guerra: The Commercial Rehab.money was used in the sense that the funding for that money was reprogrammed out of the Commercial Rehab money. The original money set aside for Commercial Rehab was re- duced by the amount of money, approximately $130,000, I believe it is, was reduced out of the Commercial Program. It was given a different funding and asked for a separate approval by the County. This scope of work is.not in our description for Commercial program. We don't describe this quite elaborate of a correction of a drainage project, and we thought it was more appropriate to take the money out of the Commercial Program, restructure it, still using Block Grant money and come up with a separate project for it. Bruesch: Final question then. There are four pieces of property right, involved in this project? Guerra: In this final drainage solution. Well, that does not count the properties to the south. Bruesch: No, I am talking about commercial property. And you said one applied for a Commercial Rehab. Guerra: Two of the property owners. Mr. Randolph owns two properties. Bruesch: The other two,have they ever applied for Guerra: Yes, the Steakhouse did apply, the initial inspection was made. At that time he was seeking a loan which required An.-interior inspection, and there were several occupancy violations, and several structural problems inside the building that he'declitned to-repair as a part of it. When given the list of work that he had to do in order to be eligible for the funding, he withdrew from the program some time after that. Tury: Mr. Mayor. Mayor: Mr. Tury Tury: All of the money is coming out of the same pot. It just de- pends what it is called. It is all coming out of the CDBG moneyp and it depends on what portion of that we are using. It still comes out of the same pot. So it is the same money. It is just earmarked differently. CM 9-23-86 Page H5 Taylor: Mr. Mayor. Mayor: Mr. Taylor. Taylor: This has been a worthwhile discussion and I am going to ask that this particular item on discussion be put in the minutes verbatim.because it is very intriguing how we have taken the federal monies and we are able to put excessive, amounts in and still save the money for the building improve- ments. And in the future, I would like to refer to these things to see just how it was done so that if someone asks, 'well, this is the way it can be done'. Tury: That's a good idea. Taylor: To me, there is a limit to the money that can be spent. Well, we have very effectively found a way to get around the limit by putting the money into another category and go beyond it. So I think it's clever, but that's 'render unto Caesar, things that are Caesars'. Tury: Mr. Mayor Mayor: Mr. Tury Tury: I would like to respond to that, and I am not trying to argue, but we also take some of this money and we do street projects with it. Now, if you say that there is a limit because a certain portion is earmarked for Commercial Rehab, to earmark some of that money for something else. I don't look at the solution to a long-standing water problem as something that should come under Commercial Rehab anyway. Regardless, to what the limit is. I think that this is money, the same as the Street project would be. I don't think that this ...I could not support this if it were coming under a Commer- cial Rehab. That is not what the Commercial Rehab Program was set up for. It_was set up for an entirely different purpose. Taylor: Mr. Mayor. Mayor: Mr. Taylor. Taylor: We have 44,000 residents in this community that can drive down any public street that we spend the money on at any time,sWhen we spend $50,000 on a private property for a storm drain and then a Commercial Rehab Loan, I think that is more or less an abuse of the money that should be divided as much as possible among those 44,000 residents or properties. Bruesch: Mr. Mayor. Mayor: Mr. Bruesch. Bruesch: My initial opposition to this was because I felt that using the CDBG money to go in there for these pieces of property just to take care of a problem that wasn't being taken care of by the property owner. That was my main feeling. This is why I had the line of questions that I did. According to Mr. Guerra there was an attempt by three, or two of the owners, three of the pieces of property to improve the property before the fact. And it seems that one piece of property is thwarting them into really alleviating the problem, and due to that fact, I will have to withdraw my opposition because it doesn't look like this type of a problem is going to be alleviated with the intransients of the property.owners up there. Taylor: Mr. Mayor, it is going to be alleviated through surface drainage with the third property. You understand that Mr. Bruesch? Bruesch: The third property has surface drainage? Taylor: That's what we are talking about. The two drains that go out on the surface. Two of them are going underground and the third is going above ground. Tury: Mr. Mayor. CM 9-23-86 Page q6 • • Mayor: Mr. Tury. Tury: I think that in'fairness, though, the ones that didn't parti- cipate!.ar.e,infringing upon their neighbors to the south by making them put the swale across their property. No,.there is no, if I remember my Planning Commission time, you have to accept up-stream water-flow. So we are not doing this for the businesses. We are doing it for the residents who face Steele Street. Bruesch: What is the flow of that water if the swale was the only thing put in there? Where would the water outlet? Taylor: It all drains south. Tury: It all drains south onto Steele. Bruesch: Out onto Steele. Taylor: Natural drainage. Tury: Actually, it drains what, Gary, it drains southeast, doesn't it? Taylor: Southeast, but it is still natural drainage. Bruesch: There is a swale already there, correct? Taylor: No, there will be at the very southeast end of the entire properties that reference is made to. Tury: A couple of homeowners,Bob, tried to put in swales'of their own and there are bits and pieces.in there. It's.,st'ill a long stand- ing problem, but when they paved all those things in and put that last building in there it just exaggerated the problem. Mr. Mayor I call for the question. Mayor: The question has been called for, gentlemen, will you vote please? MOTION.BY COUNCILMAN TURY, SECONDED BY COUNCILMAN BRUESCH that the Plans and Specifications for the on-site.drainage and street improvements on the southside of.Valley Blvd., and westerly of Temple City Blvd., be approved and authorization to seek bids be granted. Vote resulted: AYES: Councilmen Bruesch, Cleveland, Tury and Mayor Imperial NAYES: Councilman Taylor ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. O~ CC-G ENGINEERING PROPOSAL FOR TRAFFIC SIGNAL IMPROVEMENT AT Councilman Tury stated that this is only the Traffic Signal, and this Council made it very clear that they wanted that project done as a total project, and requested that this be brought back at the next meeting. LOWER AZUSA AND ENCINITA Councilman Bruesch stated that the traffic signal is goirig"t6, be modified to improve traffic flow; however, when will the actual intersection improvement occur. Norm Rubel, Deputy Engineer, stated that would be studied in the infrastructure management program. .Councilman Tury requested that this item be deferred. He re- marked that at the last Council Meeting, clear directions had been given to th~staff`.'that-ilt be made one large project. Councilman Taylor stated that he thought that was what was supposed to be done. Mayor Imperial so directed that this item be deferred and brought back to the next meeting. CM 9-23-86 Page #7 0 • VI. STATUS REPORTS A. MEETING WITH FALLING LEAF HOMEOWNERS Councilman Bruesch inquired if that information would be available for the Council by the next Council Meeting? He was told it would be. VII. MATTERS FROM OFFICIALS A. Councilman Taylor inquired how long the Shopper Shuttle has been in operation. July. Frank G. Tripepi, City Manager, stated that it was since Councilman Taylor inquired about the reporting system and daily tally's for the system. Frank G. Tripepi, City Manager, stated that they are running about an average of about 25 riders a day, and copies of what is received from the companies will be provided to the Council. He added that it was not as well utilized as hoped. Councilman Tury agreed with Councilman Taylor in that this information is very important, and he has yet to see a single person on one of them. Councilman Taylor commented that he had been to the Montgomery Ward Shopping Center at four different occassions and both shuttle buses were there at the same time and they were both sitting there empty and the drivers are standing outside talking. He felt that something was wrong when those buses are driving around almost empty. He felt that it should be checked into and he did know that the City is trying to promote it as much as possible; however, something else has to be done. Councilman Bruesch stated that he thought that there was going' to be some promotional activities in conjunction with the Montebello Mall and wondered if that was still being considered. Mayor Imperial stated that on October 4th at the Montebello Mall there would be a type of promotion taking place in which the Mayor and Councilmembers have been invited to participate. He suggested that the Clerk provide Councilman Bruesch with the infor- mation regarding that function. Councilman Tury stated that he is probably more frustrated than anyone because he pushed that project very hard; however, when the Dial A Ride started there was a similar situation with the.empty buses riding around town. He agreed that it did not look good, and he suggested that whatever needs to be done to stimulate ridership should be done. Mayor Imperial stated that he felt that this was a brand new program and the people are still not completely aware of it, and felt that it should be pushed a little harder and to find, out what the problems are; however, he did think that the program would work. Councilman Bruesch stated that there are some people around his school area who don't even know buses are running, much less where they are running, and he suggested that packets be sent to the local PTA's to hand out to the people because they could use this service. Councilman Tury stated that information regarding this Shuttle Service will be in the up-coming newsletter, and that should help because every home will get one. CM 9-23-86 Page H8 ORAL COMMUNICATIONS A. Judge Ray Galceran, Chairman of the.Sister City Committee, stated that officials from Zapopan will arrive here Thursday after- noon,at 4:00, and a program agenda has been put in the Council's boxes. He invited everyone to meet and greet their delegation at 4:30 p. m. and he hoped that all the Council would be able to at- tend the farewell dinner at Ticor on Monday evening, and any of the functions in between. Mayor Imperial thanked Judge Galceran and commented that the City Council does have a copy of the agenda. B. Councilman Taylor commented on an expected construction schedule from Falcon Cable T.V. and inquired if it had been received as yet. Frank G. Tripepi, City Manager, stated that he had not received that as yet; however, they are requesting a study session on a con- struction schedule which will probably be next Wednesday or Thursday. A letter making this request is supposed to be forthcoming and as soon as the letter is here, copies will be:provided for the Council. Councilman Taylor also requested that a schedule of the major items, the lead time in ordering and obtaining these major items, and requested that those also be discussed at the study session. Mr. Tripepi stated that that information has been requested on a regular basis in their monthly progress reports for them to list any and all up-coming equipment that they need to order out for work that they plan.on doing for that particular month. Councilman Taylor stated what he was referring to was the major items that need to be ordered. Some of these major com- ponents may not be needed for five months, but they have to be ordered five months in advance. Frank G. Tripepi, City Manager, stated that Falcon knows that and the Consultant knows that requirement and it will be discussed at that construction meeting. C. Anna Welch, 3939 Muscatel, complained about her neighbors trees that are not trimmed and cause her a lot of trouble by the leaves dropping into her yard. She stated that she has spoken to her neighbor, but he declined to do anything about it. Councilman Taylor inquired if the property was overgrown with vegetation and trash or was it just the trees. She said it was the bushes that had grown 25 feet and when the wind blows the mess comes onto her side. Councilman Taylor requested the Code Enforcement Officer check the site. Mayor Imperial so directed that the Code Enforcement Officer to investigate the problem. Mayor Imperial adjourned the Council Meeting in memory of Carmen Adriana Barrera, who was a resident of the City of Rosemead, and was a victim of the tragic airline accident that took place in Cerritos. The Meeting was adjourned to October 14, 1986 at 8:00 P. M. Respectfully submitted: APPROVED: City lerk r AYOR CM 9-23-86 Page H9