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CC - 06-10-86I i ` APPROVED CITY OF ROSE114EAD DATE _~ay_ BY U - MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL JUNE 10, 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 Boulevard, Rosemead, California. The Pledge to the Flag was led by Councilman Bruesch. The Invocation was delivered by Reverend Paul Bengtson. ROLL CALL OF OFFICERS: Present: Councilmen Bruesch, Cleveland, Taylor, Tury and Mayor Imperial Absent: None APPROVAL OF MINUTES: MAY 27, 1986 - REGULAR MEETING Councilman Taylor requested that a clarification be made on page #5 of the minutes. He requested that the words "physical damage" be changed to "personal injury". MOTION BY COUNCILMAN CLEVELAND, SECONDED BY COUNCILMAN BRUESCH that the Council Minutes of May 27, 1986 be approved as clarified. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. APPROVAL OF MINUTES: MAY 28, 1986 - ADJOURNED MEETING Councilman Taylor requested that a clarification be made on page #4 of the minutes and stated that he did not make the motion at the bottom of the page. Councilman Tury stated that he had made the motion and that the minutes should reflect that change. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN BRUESCH that the Council Minutes of May 28, 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. APPROVAL OF MINUTES: JUNE 3, 1986 - ADJOURNED MEETING Councilman Bruesch stated that the name of the School in District was misspelled. The name was not Mark Temple, but Mark Keppel, and should be corrected. Councilman Taylor commented that on the first page the word "third" should be changed to "fourth". Councilman Bruesch stated that it was the "fifth" as they already have four high schools. Counci-1•man Tury suggested that the word be replaced by the word "new". The Council was in agreement with that change. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CLEVELAND that the minutes of June 3, 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. CM 6-10-86 Page #1 I. ORAL COMMUNICATIONS A. Holly Knapp, 8367 E. Whitmore, expressed her appreciation to the City Council for the stand that they took.at the June 3rd meeting with the Alhambra School District Board, regarding the proposed high school. She felt that the citizens show know that an executive session was held by the School District after the Study Session with the Council was over. and it was decided that the consultant be called back to the June 17th Meeting of the Board to consider looking at other areas other than Rosemead for the new high school. Mayor Imperial stated that her kind words were certainly appreciated. PRESENTATIONS: DR. TERRY IRVINE Mayor Imperial read a Resolution of Commendation to Dr. Terry Irvine, Principal of Rosemead High School, who is retiring, August, 1986, and the resolution saluted Dr. Irvine for his 39 years in the educational field and the 20 years as Principal of Rosemead High School, and was honored for his expertise and dedication which has helped mold and guide many outstanding young men and women of this community. Mayor Imperial stated that Dr. Irvine would be sincerely missed. Dr. Terry Irvine expressed his appreciation to the Council for the honor, and stated that he was sad to leave Rosemead High School and that he loved the school and the students. He felt that with all their academic achievements and athletic achieve- ments that they have brought fame to the City of Rosemead as well as the High School. He stated that he would not have traded his position as principal of Rosemead High School to a principalship in any other high school in the world. He thanked the City Council for the support that they have given to the high school and also the Kiwaniis Club has done a lot to help the high school, and he commented on the unusual community relationship and stated that was what made his efforts all so worthwhile. Mayor Imperial stated that there may be someone that could replace Dr. Irvine as far as his position at the high school; however, he will not be replaced in the heart's of the Council. PRESENTATIONS: ROSEMEAD BOYS WRESTLING TEAM Mayor Imperial read a Resolution of Commendation to the 4. members of the Rosemead Boys Wrestling Team for their impressive achievements that they have made and expressed the City's appre- ciation for the acclaim that has been brought to the City and the club for their accomplishments. The team members receiving this award are as follows: Charles Ascensio, Ceasar Portillo, Paul Torres, and Angel Betancourt. The Executive Director of the Rosemead Boys and Girls Club, Gregg Alvarado, expressed his appreciation to the City Council for taking the time to acknowledge the boys in the accomplish- ments that they have been able to achieve. He introduced Larry Lamlis, Coach of the wrestling program, and he in turn expressed his appreciation on behalf of the team for the help of the City Council and hoped that the team would be returning from Oregon with good news. Mayor Imperial stated that the Council is proud of the team no matter what transpires in Oregon. PRESENTATION: JOHN CARMONA, PLANNING DIRECTOR Mayor Imperial presented a plaque to John Carmona, Planning Director of the City of Rosemead, from the Rosemead City Council which stated that it was in recognition of his professional dedi- cation to the Planning process of the City of Rosemead.from July 8, 1980 to June 13, 1986. Mayor Imperial stated that he would be missed and that he did an outstanding job and wished him the very best. CM 6-10-86 Page #2 • • John Carmona, Planning Director, stated that he had worked for five separate cities in the County in the last 11 years, how- ever, he felt that this City has come a long way with the support of the Council, staff, which includes Frank Tripepi, and particu- larly Bob Kress. He knew he was leaving before some of the docu- ments which had been planned are completed; but he felt that these were good documents. He commented that he felt that everything that has come about for his future has been because of the Council's trust in the things that he has done. He expressed his appreciation to the Council and stated that he 'felt that it was a privilege to have worked in the City of Rosemead, and, thanked them again. Mayor Imperial thanked John Carmona for his dedication. Councilman Bruesch expressed his appreciation to John for helping him to clarify some of the planning details and background of some of.the projects, and it was appreciated as the new man on the team. II. PUBLIC HEARING A. PUBLIC HEARING TO CONSIDER PROTESTS RELATING TO THE IMPOSITION OF LIENS ON REAL PROPERTY IN CASES OF DELINQUENT RUBBISH COLLECTION CHARGES Mayor imperial stated that the public hearing was now open and inquired if there was anyone in the audience who would care to speak regarding this matter. Joseph Chang, 3457 Burton, spoke on behalf of his father, Bobby Chang, and he stated that the property in question is on the corner of Ramona and Burton, and he presented the Council a drawing of the site plan of the property which showed a store in front of a two-bedroom home and a bedroom over the garage. He stated that this property is registered by the L. A. County Recorders office as 3457 Burton Avenue and the City also has confirmed that this was one building, and that this premise should be charged for one trash bill. He showed pictures of a home with three bedrooms and a garage and it it being charged for one unit. He stated that Modern Service has been charging them for 1z units for the past 35 years. Robert Kress, City Attorney, inquired when the charges were increased. Joseph Chang stated that up to May,-1983, the rate charged was for lz units, and after that the rate was changed to commer- cial pick-up so the place was charged for one single commercial rate, however, the service was the same as for residential ser- vice. Mayor Imperial stated that there seems to be an inconsistency and he directed that staff contact you and they find out what the problem is and have a report back to the Council at the next meeting, but until that time no lien be placed on the property. Councilman Bruesch stated that according to the material pro- vided by Mr. Chang, he states that he is charged for services not being provided by Modern. He stated that in particular is what he is interested in finding out. Mayor Imperial stated that information would be forthcoming after staff looks into this particular problem, and would be pre- sented at the next meeting. David Swisher, Executor of the Margaret H. Swisher estate, stated that he had received a letter from Modern Service stating that he was delinquent in rubbish charges for nine months. He stated that no bill had been sent to either her address or the property address. He gave his address as 342 W. Carter, Glendora. Mayor Imperial requested that the staff contact Mr. Swisher to get all the information needed and that a report be presented to the•Council at the next meeting. CM 6-10-86 Page #3 • • Councilman Taylor inquired if part of his objection was that he had not even received the bill. Mr. Swisher stated that there were many inconsistencies, wrong address, wrong amount and payment had been made during the time period that they say that no payment was made. He added that he had the cancelled checks to prove it. Councilman Taylor stated that unless he presents back-up information,there may be a resolution of the problem, but the Council would not be aware of all the particulars. Councilman Bruesch requested that people should give the address of the particular property that is being discussed. Councilman Tury stated that it was at 2611-15 River Avenue. that Mr. Swisher is discussing.. Councilman Bruesch inquired what the policy is on deceased owners and what happens to the property. Mayor Imperial stated that the City Attorney is directed to prepare a memo explaining the policy on deceased owners property. Kay Warren, 9610 West Lorica Street, stated that there have been many discrepencies with Modern Service, and communication has been made to them by mail and phone, and to which they pay no attention. She said they give them a large bin which is not wanted and do not pick-up their trash more than once a month, and charging for services not performed. She added that this situation has been going on for a year. Councilman Taylor inquired if the property was a single family residence. Mrs. Warren stated that it was a kennel, but it is now being used as a residence for a tenant, and is being used just for breeding. Mayor Imperial requested that staff contact Mrs. Warren to get all information that can be provided so that staff can pre- pare a report for the Council for the.next Council Meeting, and until then there would be no action taken on this claim. Ed Randolph, 9541 Steele Street, stated that Modern Service is sending him a bill for services not rendered. He also owns the adjacent property at 9552 E. Valley Blvd., and has been putting his trash there for 16 years. He stated that when he bought the property on Steele Street,he called Modern Service and told them that he would like to put a couple of bags of trash in the dumpster which he has on Valley Boulevard, and it was agreed by Modern. He had not received a bill from Modern for over 16 years until February and they want him to pay for something that he has no need for. He commented that if this were made a tax then everyone could deduct it from their income tax. Mayor Imperial thanked Mr. Randolph and stated that he would also be contacted in regards to the problem with the rubbish charges. He inquired if there was anyone else who wanted to speak on this particular item. No one came forward, and the Public Hearing was closed. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN BRUESCH that the list submitted minus those who objected be accepted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Holly Knapp, 8367 Whitmore, commented that she has been getting bills for her mother's address, 2444 N. Angelus Avenue, and questioned if her name was on the list. Mayor Imperial stated that it might be and requested that she contact the staff after this meeting, and let them check that address. CM 6-10-86 Page H4 Elvia Pascuiti, 8634 E. Ramona, stated that from her house to Walnut Grove there are no sewers and she wondered if there were any plans to put sewers in that area. Mayor Imperial stated that the City Engineer would be contacting her regarding that matter. III. LEGISLATIVE A. RESOLUTION NO. 86-26 - CLAIMS & DEMANDS RESOLUTION NO. 86-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $378,280.24 NUMBERED 9982-10004/16781 THROUGH 16891 INCLUSIVELY MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN BRUESCH that Resolution No. 86-26 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 a report from staff regarding the charges for the past three years on the Department of Animal Control Shelter costs. He stated that it seemed like it was costing $25,000 to $30,000 a year and he wanted the staff to prepare a report. There being no objection, it was so ordered. B. RESOLUTION NO. 86-27 - WIDENING OF OVERPASS ON ROUTE 60 AT SAN GABRIEL BLVD. RESOLUTION NO. 86-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO THE WIDENING OF THE OVERPASS ON ROUTE 60 AT SAN GABRIEL BOULEVARD MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CLEVELAND that Resolution No. 86-27 be adopted. 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. Councilman Bruesch commented on a Resolution that has just passed by the State of California saying that the State has no funds for this project, and yet they have enough money to meter ramps to ease the flow of traffic into the freeway system but they don't have enough money to ease the flow of traffic over and around the freeway system by assisting cities such as Rose- mead with these types of improvements. Councilman Taylor stated that he supports the project but he was opposed to the Redevelopment Agency paying for it. C. RESOLUTION NO. 86-28 - DENYING CUP 86-347 AND UPHOLDING PLANNING COMMISSIONS DECISION AT 3119 F. SAN GABRIEL BLVD. RESOLUTION NO. 86-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD DENYING REQUESTED CONDITIONAL USE PERMIT 86-347 AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION AT 3119 F SAN GABRIEL BOULEVARD MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN BRUESCH that Resolution No. 86-28 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CM 6-10-86 Page #5 0 D. RESOLUTION NO. 86-29 - ESTABLISHING OF A BOARD AND DEFINING POWERS Robert Kress, City Attorney, stated that this Resolution had been prepared in response to a discussion held at the last Council Meeting regarding the handling of small claims which can be more costly to send them to the claims adjuster than to pay the requested amount. He stated that the particular format which is stated in Resolution 86-29 is a Claims Board authorized by State Law to act in any matter under $20,000, and he felt that a $500 limitation and requiring unanimous action would be more appropriate. He added that he had not included a provision to exclude personal injuries and he discussed this with Councilman Taylor and he recommended that Section 2(e) be changed by adding the words "for other than personal injuries"-between "claims and including". .Councilman Taylor commented that in Section 2(e) it states that all members of the Board must sign and it must be a-unanimous decision, but in Section 4. it states that it must be signed by a majority of the Board, and he felt puzzled with the two state- ments. Robert Kress, City Attorney, stated that 2(e) actually has to do with settling of a claim, money; however, the other func- tions which have to do with the sufficiency of the claim such as 2(b) that theoretically could be with a majority vote 2 to 1. This also allows for the possibility of two members acting in the absence of one-for those items except for the dollar settle- ment for a claim. Councilman Bruesch inquired if these items would be brought back to the Council for the final decision. Mayor Imperial stated that the Board would be making these decisions on behalf of the Council. Councilman Bruesch inquired if there would be an appeal procedure, and he fears that if they are not allowed to appeal to the City Council, they will feel that they are not offered due-process. Councilman Tury stated that the claimant has at all times to take it to the City's Insurance Company, and he did not feel that the Council should be put in the position of settling claims. He mentioned that at the last meeting there was a claim for $65.00. He did feel that the Council should not get in a position of being experts on something that they are not experts on. He felt that the latitude of up to $500 will basically cover nuisance suits, more than anything else. Robert Kress., City Attorney, stated that when dealing with claims in the amounts less than $500, and if there was an appellate procedure, the claimant would just treat the-Board as round one. Councilman Bruesch stated that if the City Attorney does not feel that the claimant would feel that he did not have due- process without a appellate procedure, he would go along with his decision. Robert Kress stated that an other of his clients has exactly this procedure up to a limitation of $5000 and has been in effect for seven or eight years, and this problem has never come up. This procedure would expedite the handling of these small matters so that they don't have to wait for handling recommendations from the insurance adjuster. Councilman Taylor requested that staff write to the SCJPIA asking for a written memorandum stating that there would be no conflict with the JPIA as far as disclaimers for any settlements that the Board makes, and he requested that this item be deferred to the next meeting. CM 6-10-86 Page #6 • 0 Mayor Imperial directed the City Attorney to contact JPIA. There being no objection, the Item will be deferred to the next meeting. He added that in concept he agreed with the Claims Board; however, he would feel more comfortable if at least one member of this Board was a Council-person, elected by the people in view of the fact that funds will be expended. Councilman Taylor stated that he tended to agree with Mayor Imperials statement in the sense that he would want the Council to have some type of information on what is taking place. Mayor Imperial stated that there would be memorandums from the City Manager informing the Council of the actions taken, but he was more concerned that at least one member of the Board be an elected official. This item was deferred to the next meeting. IV. CONSENT CALENDAR (CC-A deferred) CC-B APPROVAL OF CITYWIDE CHRISTMAS TREE DECORATIONS CC-C ENGINEERING PROPOSAL FOR BUS BENCH INSTALLATION CC-D BUS PAD CONSTRUCTION PROJECT/FINAL ACCEPTANCE MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY 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 AWARD OF CONTRACT FOR ROSEMEAD MEDIAN BEAUTIFICATION Councilman Taylor remarked that he had stated in the past his objections to this particular project, and he is favor of half of the project, the larger medians; however, he intends to vote "no" on the total project. Councilman Bruesch commented that he had thought because of the Caltrans requirements the costs would go higher, yet he noticed that the bid received from Mariposa is lower than the former bid from Molder Bros. by $8000 or $9000. He inquired if this project is under the restrictions of Caltrans. Frank G. Tripepi, City Manager, stated that the permit process is still through Caltrans. Councilman Bruesch stated that he shared Councilman Taylors feelings regarding the smaller strips, and he did not feel that the red bricks would be beautifying the medians. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CLEVELAND that the contract for Rosemead.Boulevard Median Beautification be awarded to the low bidder, Mariposa Landscapes. Vote resulted: AYES: Councilmen Cleveland, Tury and Mayor Imperial NAYES: Councilmen Bruesch and Taylor ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION & ACTION A. CONSIDERATION OF LATE APPLICATION OF FIREWORKS PERMIT BY SAN GABRIEL VALLEY/ROSEMEAD LIONS CLUB MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN BRUESCH that the application by the San Gabriel Valley/.Rosemead Lions Club for a Fireworks stand be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CM 6-10-86 Page N7 B. TOP HAT Mayor Imperial stated that he had requested that this item be placed on the agenda because the hours of operation were too restrictive. He requested that the Council consider the Top Hat to be allowed to have normal hours for this type of establishment so that the owner would be able to make a living. Councilman Tury stated that normal operating hours would be until 2:00 a.m, and the owner is only requesting until mid- night and he was not opposed to that. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CLEVELAND that the hours of operation be changed to 9:00 a.m. to Midnight seven days a week at the Top Hat Cafe, at 9019 Garvey Avenue, and that staff prepare the necessary documents. 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. C. DELTA AVENUE/GUARDRAIL Councilman Tury stated that the reference in the staff memo to the liability to the City if such a guardrail was installed, was probably overshadowed by the'potential danger to the house in that same proximity. He felt-that this should be looked at closely before deciding not to put the guardrail in. Councilman Taylor stated that he would have no objection to the barricade shown in Figure #2 which shows it behind the sidewalk. Councilman Bruesch agreed with the placement of the barrier behind the sidewalk although it is a matter of only 4 or 5 feet it does give'that added bit of slowing.down before the barrier is hit, and it makes it possible to have a longer barrier at . that point. Councilman Taylor stated that this would allow the City to place more arrows and warning indicators on that barricade. Mayor Imperial stated that this basically the same type of situation that the City has on Muscatel, and he felt that this would be the only solution. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY that the barricade depicted in Figure #2 be installed on Delta at the curve formed at Earle Avenue. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Holly Knapp, 8367 E. Whitmore, thanked the Council for their action. IX. CLOSED SESSION (PERSONNEL) The Council Meeting was recessed to a closed session regard- ing Personnel. The Council Meeting was reconvened from the closed session. Mayor Imperial stated that the City Council has taken action to allow 2% Cost of Living Increase for the employees and a 3% Merit Increase. He stated that it had been decided by the City Council to institute a buy back program of the employees sick leave. He also stated that the Council had decided to increase the salary of the City Manager by $$8000 annually, and the City Clerk would receive a 5% increase-and the reclassification and increase in salary for the Finance Director was acted upon, the Assistant Finance Director was made the Finance Director. CM 6-10-86 Page #8 C1 VII. MATTERS FROM OFFICIALS 41 A. Councilman Bruesch stated that he had received a complaint from a businessman on Del Mar who had observed workers using abusive language to the drivers when traffic had been diverted there. He commented that he had been told that the sidewalk was going to be laid in front of his business and on Friday afternoon they staked the job and at 2:00 p. m. they left the job and the businessman was left that staking half of a day Friday and all the busi- ness day Saturday. He questioned why they left the job at 2:00 p. m., on Friday afternoon. He requested that staff check into that situation. Mayor Imperial directed staff to investigate the reasons. B. Mayor Imperial stated that this type of action by contractors is one of the reasons that he has requested"that a discussion of a business license be placed on the agenda. Mayor Imperial stated that the City has no control over the businesses in the City. There being no other business to handle, the Council Meeting was adjourned to the next regular meeting of June 24,1986 at, 8:00 p. M. Respectfully submitted: APPROVED: CITY CL K / ---'MAYOR CM 6-10-86 Page #9