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CC - 02-25-86• APPROVED CITY OF I OSEAIEAD DATI;/T//-~6 n RV I MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL FEBRUARY 25, 1986 AT 8:00 P. M. The regular meeting of the Rosemead City Council was called to order by Mayor Tury at 8:00 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 Reverend Phillips. ROLL CALL OF OFFICERS: Present: Councilmen Bruesch, Cleveland, Imperial, Taylor and Chairman Tury Absent: None APPROVAL OF MINUTES: FEBRUARY 18, 1986 - ADJOURNED MEETING Mayor Tury stated that on page M4 his statement was made in jest and he requested that the minutes be held over for clarifi- cation. PRESENTATION: JACK CLAIR Mayor Tury presented a Resolution of Commendation to Jack Clair for his bravery and his caring which resulted in saving a victims purse and life, and for making it possible to success- fully apprehend two criminals. ORAL COMMUNICATIONS A. Juan Nunez, 2702 Del Mar, inquired if a business could use their parking spaces to do another business in those spaces. Mayor Tury stated that if Mr. Nunez had a specific address it could be checked out by John Carmona, Planning Director. He stated that a certain number of parking spaces are required for each business and they cannot be used for other things. He stated that it was the Kingdom Hall Parking Lot on Del Mar Avenue. Mayor Tury.requested that John Carmona check this out. Juan Nunez also inquired if it was true that K-Mart on Garvey was closing. Mayor Tury.stated that it was true that they were selling out, and he felt that there would be plenty of buyers who would be interested in the property. II. PUBLIC HEARINGS A. PUBLIC HEARING,.TO CONSIDER THE ESTABLISHMENT.OF UNDERGROUND UTILITY DISTRICT NO. 4. Mayor Tury stated that the Public Hearing.was open and stated that the Public Hearing to consider the establishment of Underground Utility.District No. 4.would be continued to the Council Meeting of March 11, 1986 at 8:00-p. m. B. CONTINUED PUBLIC HEARING TO CONSIDER AN APPEAL TO THE PLANNING COMMISSION'S DECISION DENYING ZONE VARIANCE 85-123 LOCATED AT 3123 ROSEMEAD PLACE Mayor Tury.opened the Public Hearing and inquired if there was anyone in the audience who would care to speak regarding this-matter. CM 2-25-86 Page N1 John Carmona, Planning Director, stated that since the Planning Commission Meeting the property owner has worked with staff and adjusted the rear set-back to reflect 18 feet instead of the 12 feet which he had previously applied for. Although the 18 feet is still 7 feet short from the require- ments, it is felt that the 18 feet is reasonable. Councilman Taylor commented on the fact that on page 1 of the Zone Variance Request for Hearing it states that the rear yard setback is required to be 20 feet, and now Mr. Carmona is saying that 25 feet are required, and he requested clarification of this. Mr. Carmona stated that the required setback is 25 feet. Councilman Taylor stated that the reports states 20 feet and the report should be right and the application should be corrected. Mr. Carmona apologized for the error; however, he stated that the Resolution and the Staff Report were correct, and he again apologized for the error in the application and stated that it should have been corrected to show the required 25 feet. Councilman Bruesch inquired what the approximate square footage of the house is going to be. Mr. Carmona stated that the parcel #2 is buildable pad area. He added that the. pad area could support a two-story structure and satisfy the code and a one story structure of 1598 square feet. Mr. Brzozowski, 3123 Rosemead Place, stated that the rear setback as it stands now does leave a more geneirousibackyard, and he requested approval of the appeal. Mayor Tury inquired if there was anyone else who would care to speak about this item. No one came forward, and the Public Hearing was closed. Councilman Taylor inquired if there had been other properties approved with two lots packaged together with a common driveway and they,were under the 5,000 square foot minimum. Mr. Carmona, Planning Director, stated that as a rule 5,000 square feet is strived for; however, the planned development off of Valley were as small as 3,000 square feet. Councilman Taylor wanted to verify that this was not setting a prescedent, and he felt that this was a reasonable request. Mayor.;Tury commented about a covenant that had been talked about at the last meeting to guarantee that no house would be built in front of the existing house, and he stated that he did not see that committment written down any where. Mr. Carmona, Planning included in the condition necessary as if ever such be tantamount to changing Ordinance forbids putting this. Director, stated that it could be of approval; however, it is not a variance were granted, it would to an R-3 Zone, and the existing a second house on parcel #1 after MOTION BY COUNCILMAN BRUESCH, SECONDED BY COUNCILMAN TAYLOR that the Zone Variance be approved with the revised plan subject to the conditions included. Vote resulted: AYES: Councilmen Bruesch, Cleveland, Imperial and Taylor NAYES: Mayor Tury ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. CM 2-25-86 Page #2 III. LEGISLATIVE A. RESOLUTION NO. 86-12 - CLAIMS & DEMANDS RESOLUTION NO. 86-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $384,664.61 NUMBERED 9823-9852/15889 THROUGH 16014 INCLUSIVELY MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that Resolution No. 86-12 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Mayor Tury requested back-up information regarding warrant nos. P 2851 and 15998. IV. CONSENT CALENDAR(CC-A, CC-B, CC-C, CC-E and CC-G Deferred) CC-D ACCEPTANCE OF ROAD DEEDS, PERMIT TO ENTER ANGELUS AVENUE STREET IMPROVEMENT PROJECT CC-F REQUEST TO USE CITY VAN FOR CONFERENCE IN FRESNO CC-H TRUCK REGULATIONS--TEMPLE CITY BLVD./LOFTUS DRIVE CC-I SHORT TERM TIME LIMIT PARKING--8412 GARVEY AVENUE CC-J ALTERNATIVE PROPOSALS FOR IMPROVEMENT OF STRANG AVENUE FROM VALLEY BOULEVARD TO I-10 FREEWAY 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-A AWARD OF CONTRACT/BUS SHELTERS Councilman Taylor stated that he could not vote for the proposal as it was presented and that is the reason he requested that this item be pulled from the Consent Calendar. He felt that the costs were accessive for what is being received. There would be 30 bus shelters for $233,000 and $45,000 worth of main- tainence on them for cleaning. He also stated that there was only one bid on them. Mayor Tury stated that this was a proposition "A" program, and he supported the program. Councilman Bruesch inquired if these shelters were on-light sensitive activators or on time clocks. Berland Harris, B.I.G. Enterprises, stated that the system is set up on a regulator and there is no time clock involved, and it works off of photocells. At dusk it will come on and stay on for six to eight hours each night, and then it will come back on in the morning for early riders. Councilman Bruesch inquired if there was an over-ride system that will kick-in if there should be one of those rare occassions that there are over six sunless days. Mr. Harris stated that there was not an over-ride system. He added that once it goes down and if it is down for six days, under the maintenance agreement, a new battery will be supplied. Councilman Taylor requested a clarification on the maintenance program, which includes the lighting system on a monthly basis, monitor the system to see that it is operational. Basically, the battery would be checked to make sure that it is charged. CM 2-25-86 Page N3 Mr. Harris stated that they would just plug into their monitoring system that is tied into the battery and thereby getting an exact reading of what the panel is.producing and what charge the battery is at. Councilman Taylor also inquired about cleaning the panel and system as required. Mr. Harris stated that should be on a weekly basis when the shelters are being cleaned. Councilman Taylor inquired about checking the light monthly. Mr. Harris stated that is because of the.vandalism problem and one of the reasons why a maintenance contract is needed. Councilman Taylor mentioned many of the things that are listed in the Bus Shelter Maintenance Program are listed as monthly activities, and commented that Mr. Harris had mentioned that the cleaning would be done weekly. Mr. Harris stated that the things that are to be done monthly are in addition to the standard weekly cleaning. Councilman Bruesch commented on the kilowatt savings in com- parison to the incandescent bulb which according to the brochure would be from the low of $56 to $400 for the lifetime per unit. Councilman Taylor commented on the maintenance program again regarding repairs which states that the cost of repairs will be at cost for materials plus 25% handling charge. This would be at $45 per hour plus materials and the handling charge, and this would be above and beyond the general maintenance program. He stated that the complete installation of these shelters for $3600 is not upsetting; however, he was upset by the $1500 a year that it would cost to clean each of these shelters. MOTION BY MAYOR TURY, SECONDED BY COUNCILMAN IMPERIAL that the contract for bus shelters be awarded to B.I.G. Enter- prises, Inc., at the total cost of $233,487.18, and approve a contingency fund of $10,000 for repairs in the event of van- dalism. Vote resulted: AYES: Councilmen Bruesch, Cleveland, Imperial and Tury NAYES: Councilman Taylor ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly.carried and so ordered. Councilman Taylor requested that the minutes show that his main objection was the maintenance cost of $1500 for each of the shelters per year. CC-B PROPOSAL FOR CONSTRUCTION OBSERVATION OF INSTALLATION OF BUS SHELTERS Councilman Taylor stated that he intended to vote "no" on this item also. MOTION BY COUNCILMAN BRUESCH, SECONDED BY COUNCILMAN IMPERIAL that construction observation in the installation of bus shelters be approved. Vote resulted: AYES: Councilmen Bruesch, Cleveland, Imperial, and Tury NAYES: Councilman Taylor ABSENT: None ABSTAIN: None Whereupon the Mayor declared said notion duly carried and so ordered. CM 2-25-86 Page N4 0 CC-C APPROVAL OF PLANS & SPECIFICATIONS FOR BENTEL AVENUE (IVAR/ROSEMEAD BLVD.) AND AUTHORIZATION TO SEEK BIDS Councilman Taylor stated that he felt that this was not the appropriate time to improve this particular street. He added that usually several streets are packaged together to get a better bid instead of soliciting bids for one small street by itself. He stated that he was not opposed to doing the improvement; however, he felt it would be better at a later date when there are two or three other projects to go along with it. Mayor Tury agreed with. that, and suggested that it be put off to a later date. There being no'objection, it was so ordered CC-E ACCEPTANCE OF ROAD DEED AND PERMIT TO ENTER EGLEY AVENUE STREET IMPROVEMENT PROJECT. Councilman Bruesch inquired if this was the last parcel to be acquired or were there more to acquire. Donald Wagner, Assistant City Manager, stated that there were two more corner cut-offs and also the Garvey School District has to dedicate their right of way to the City. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that road deeds and permit to enter Egley Avenue Street Improve- ment project be accepted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CC-G SHOPPER SHUTTLE/AMENDMENT TO DIAL-A-RIDE CONTRACT Councilman Bruesch inquired if the bus drivers would have any direct communications with the Sheriff's Department. He felt that for the City's liability sake,beepers should be looked into. Mayor Tury stated that it could be expanded upon after the program has been developed, and requested that staff check into that and find out what it would entail, if there is a need for it. Councilman Bruesch inquired where the stops would be for the bus shuttle. Mayor Tury stated that the stops would be left to the experts since they have more experience. Councilman Bruesch inquired about the maintenance and he stated that he did not see a maintenance clause in the agree- ment, and requested a copy of it. Walt Diangson,Community Transit Services, stated that the cost of the maintenance of the vehicle was established at the annual figure of $23,577 which is 24 cents a miles. Councilman Bruesch requested a copy of the maintenance schedule of the vehicles that are being used in this shuttle service. Mr.Diangson stated that he would have staff provide the schedule. MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN BRUESCH that the amendment to the Dial A Ride Contract for the Shopper Shuttle be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CM 2-25-86 Page X15 V. MATTERS FOR DISCUSSION AND ACTION A. PRO PEACE MARCH APPLICATION FOR PARADE PERMIT Frank G. Tripepi, City Manager, stated that unless the insurance is received, the Pro Peace march would not be allowed through the City of Rosmeead. Mayor Tury inquired about the police protection as the march goes through. Frank G. Tripepi, City Manager, stated that would be worked out by the local sheriff's department. Councilman Bruesch commented that the marchers were financially strapped and questioned whether that would be a reason for not being able to get insurance. Mayor Tury stated that would be their problem, and he had no problem with the March as long as they did it legally and with the insurance forms that are required. Councilman Imperial stated that he did intend to vote for this because he felt that it was a basic American right to say. or show your feelings. He only wished that half of these forces could go to Russia, where people do not have the right to free speech or free expression to their feelings. He noted all the different countries that do not have the freedoms that we have in this country. MOTION BY COUNCILMAN TAYLOR, SECONDED BY MAYOR TURY . that the Pro Peace March be allowed with the proper required insurance. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. B. AB 2649 (HILL) AIR POLLUTION: WASTE TO ENERGY PROJECTS Frank G. Tripepi, City Manager, stated that this bill will prohibit a district from using off-sets or displacement credits in any area that does not meet the National ambient quality standards for oxides of nitrogen, such as the district serving the San Gabriel Valley which has probably more smog alerts than anyone in the area. He recommended that the Council go on record supporting the Bill. Councilman Taylor and Councilman Bruesch had considerable discussion regarding the clarification of this staff report. Mayor Tury stated that he felt that this Bill would not allow the use of displacement credits or off-set credits from outside of the area if the area does not meet with the minimum air pollution National Standards. Councilman Bruesch questioned that and he did not feel that the Bill states outside the area. Mayor Tury stated that there are places to build Waste to Energy Projects, but not in the most highly polluted area of the country. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that the Council support AB 2649 and direct staff to send the appropriate letters. Vote.resulted: AYES: Councilmen Cleveland, Imperial, Taylor and Mayor Tury NAYES: None ABSENT: None ABSTAIN: Councilman Bruesch Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Bruesch requested that the record show that his abstention was due to the fact that he is totally against buying area wide off-sets; however, he does not see why a plant moving across from another plant cannot buy out that plant and continue to operate without causing any more pollution. CM 2-25-86 Page #6 VI. STATUS REPORTS A. CABLE T.V. Councilman Taylor stated that he had read that the reason for the delay in Falcon's commencing this project in Rosemead was due to the fact that Pacific Bell was not able to accept Pole Applications for Rosemead because.of the uncompleted work in Arcadia and San Gabriel. He requested information from Pacific Bell in what they are referring to. Mayor Tury seemed to feel that Pacific Bell has an overload situation. Councilman Taylor stated that over a year ago Falcon had stated that they had the quickest access to the make-ready on the poles, and then he read this statement and he requested an explanation of Pacific Bell's statement. Mayor Tury directed that a letter be written to Pacific Bell VII. MATTERS FROM OFFICIALS A. Councilman Bruesch inquired if the City had a disaster Preparedness'Plan and commented on the one that the City of Walnut had in case of torrential rains and flooding. Mayor Tury.stated that the City does have a 20 year and 50 year Flooding Plans, and a Disaster Preparedness Program. Councilman Bruesch requested copies of these plans. B. Mayor Tury stated that he had been requested to have a meeting with the Garvey School District on the first Tuesday in March. There being no objection, that there be a meeting with the Garvey School District on March 4, 1986 at 7:30 p. m., and on the Agenda will be the Fern School Complex. VIII. ORAL COMMUNICATIONS A. Juan Nunez, 2702 Del Mar, inquired who monitored the Auto Auction for noise level, and he commented on the speakers which they use and the fact that they can be heard all the way to his home. Mayor Tury stated that he would have staff check this out. B. Juan Nunez questioned the placement of sewer lines. when the lots are split. Mayor Tury stated that if Mr. Nunez had an address, the Deputy City Engineer would look it up and give him the informa- tion needed. There being no further business to handle the City Council Meeting was adjourned to March 4, 1986 at 7:30 p. m. Respectfully submitted: APPROVED: CITY CLERK MAYOR CM 2-25-86 Page #7