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CC - 01-28-86C_;'`i ( F ROSE-MEAD MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL JANUARY 28, 1986 AT 8:00 P. M. The Regular Meeting of the Rosemead City Council was called to order by Mayor Tury 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 Taylor. The Invocation was delivered by Hugh Foutz, City Treasurer. ROLL CALL OF OFFICERS: Present: Councilmen Bruesch, Cleveland, Imperial, Taylor, and Mayor Tury Absent: None APPROVAL OF MINUTES: DECEMBER 17, 1985 - ADJOURNED MEETING Councilman Bruesch requested a change in his statement on the bottom of the first page. He requested that it state "that in the past that owners of pool halls have run clean places". MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CLEVELAND that the Minutes of the adjourned meeting of December 17, 1985 be approved as amended. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. PRESENTATIONS: SALVATOR.E MONTENEGRO--SELECTIVE SERVICE SYSTEM Mayor Tury presented.a plaque commemorating the month of January as Selective Service System Month to Salvatore Monte- negro, State Director of the System. Mr. Montenegro expressed his appreciation to the Council of the proclamation and stated that this also gives him an opportunity to inform all the young men between the ages of 18 to 26 that they must register. This can be done by going to the local post office and fill out a form. He added that failure to register is a felony and punishment is up to five years of imprisonment and $25,000 fine. Mr. Montenegro intro- duced Major Helgason, who explained what would happen if a national emergency occurs, and how the agency will work for the cities. He commented that there were six local boards in the entire western San Gabriel Valley area, and these boards would be reconstituted in the event of a national emergency. Mayor Pro Tem Imperial requested a list of all the selective service offices in the area and in Los Angeles County, if possible. Major Helgason stated that he would send a list of those offices. II. PUBLIC HEARING A. PUBLIC HEARING TO CONSIDER AN APPEAL TO THE PLANNING COMMISSION'S DECISION DENYING ZONE VARIANCE 85-123 AT PROPERTY 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. Walter Brzozowski, 3123 Rosemead Place, owner of the property in question, commented that some of the concerns in the Planning Commissions Meeting was that since the front yard is large there could be a possibility of another dwelling being placed in the front yard area. He stated that in order to eliminate those concerns, he would place a restriction on the deed of the front parcel which would not allow any further obstructing dwelling to be built in front of the house as it remains there. CM 1-28-86 Page #1 U Councilman Bruesch stated map had been approved and that inquired if that was true. • that he thought that the parcel the variance was not, and he Councilman Taylor stated that was correct. Councilman Bruesch inquired if a covenant could be signed that the property in the front of the front house cannot be used for'another single family.dwelling. Robert Kress, City Attorney, stated that a covenant could be drafted and made enforceable. Councilman Taylor inquired if the particular floor plan that is designed could be moved back an additional five feet on the side facing the street. Mr. Brzozowski stated that he could.not give an answer to that alternative at this time. Councilman Taylor stated that would still leave enough square footage for the requirements for an R-l, single family home, and this '.would increase the backyard setback and would eliminate one of the problems that a variance is needed for. He did not feel the 311" sideyard was a problem. He felt that Mr. Brzozowski could have his project just by redesigning it, and suggested that the alternative be researched. Mayor Tury suggested that the Public Hearing be left open and continued to the next regular meeting of February 11, 1986 at 8:00 p. m., and this would give Mr. Brzozowski.a period of two weeks to see if something else cannot be worked out. There being no objection, it was so ordered. B. PUBLIC HEARING TO CONSIDER EXTENSION OF MORATORIUM ON ESTABLISHMENT OF BILLIARD PARLORS WITHIN CITY OF ROSEMEAD Mayor Tury opened the Public Hearing to consider the extension of a moratorium on the establishment of billiard parlors within the City of Rosemead, and inquired if there was anyone in the audience who would care to speak regarding this matter. No one came forward and the Mayor closed the Public Hearing. The following Ordinance No. 586 was presented for adoption: .ORDINANCE NO. 586 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD EXTENDING INTERIM ZONING ORDINANCE NO. 585 RELATING TO THE ESTABLISHMENT OF BILLIARD ROOMS MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CLEVELAND that Urgency Ordinance No. 586 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Bruesch inquired about how long it would take to prepare a new Ordinance regarding the establishment of Billiard Parlors. Robert Kress, City Attorney, stated that by law, the second extension of the moratorium can be for 10 months and 15 days. He stated that this Ordinance has an extension period of 6 months, and he and Mr. Tripepi have discussed ideas on development stand- ards with the Captain and these ideas will help law enforcement deal with this problem. He felt that the ordinance would be drafted within three or four weeks and then will go to the Planning Commission and then come back to the City Council. He did not feel that this would come back to the Council for another extension. Councilman Bruesch requested a copy of the Government Code Section 65858. CM 1-28-86 Page #2 • 0 Robert Kress, City Attorney, stated that he would get him a copy of that section of the code. III. LEGISLATIVE A. RESOLUTION NO. 86-1 - CLAIMS & DEMANDS Councilman Taylor inquired what item #15656 was for and stated that it was not on the cover sheet under commercial rebate program. Mark Fullerton stated that was for Marie Fancher, A & S Auto Sales, which included new surfacing, new fencing and masonry block walls. Mayor Tury requested that these be listed on the front page next time. Councilman Bruesch inquired about the pre-sort brochure on Page #6. Michael Burbank stated that the department brochure that was mailed out notifying residents of the recreation programs available. RESOLUTION NO. 86-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $742,091.79 NUMBERED 9725-9785/15519 THROUGH 15664 INCLUSIVE MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CLEVELAND that'Resolution No. 86-1 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. B. RESOLUTION NO. 86-2 - ESTABLISHING POLLING PLACES AND APPOINTING PRECINCT BOARD MEMBERS AND FIXING COMPENSATION FOR GENERAL MUNICIPAL ELECTION ON TUESDAY, APRIL 8, 1986 RESOLUTION NO. 86-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA ESTABLISHING VOTING PRECINCTS AND POLLING PLACES, APPOINTING PRECINCT BOARD MEMBERS AND FIXING COMPENSATION FOR THE GENERAL MUNICIPAL ELECTION ON TUESDAY, APRIL 8, 1986 'CALLED BY RESOLUTION NO. 85-56 OF THE CITY COUNCIL MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CLEVELAND that Resolution No. 86-2 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. C. RESOLUTION NO. 86-3 - ORDERING CANVASS OF GENERAL MUNICIPAL ELECTION BE MADE BY CITY CLERK RESOLUTION NO. 86-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 8, 1986, BE MADE BY THE CITY CLERK MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN BRUESCH that Resolution No. 86-3 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. D. RESOLUTION NO. 86-4 - CLAIMS & DEMANDS Councilman Bruesch requested a memorandum explaining what P9786 and P9801 are on page 3 and 4.of the warrant list. Councilman Taylor requested a clarification on page 12 regarding a refund check made out to him. CM 1-28-86 Page #3 Frank G. Tripepi, City Manager, stated that the refund check #15753 to Gary Taylor was a Building Permit refund for a solar project on his residence. RESOLUTION NO. 86-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF $410,319.77 NUMBERED 9786-9801/15668 THROUGH 15772 INCLUSIVELY MOTION BY COUNCILMAN CLEVELAND, SECONDED BY COUNCILMAN IMPERIAL that Resolution No. 86-4 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT.VOTED AYE. The Mayor declared said motion duly carried and so ordered. E. RESOLUTION NO. 86-6 - MAKING CERTAIN FINDINGS AND DETERMINATIONS REGARDING STORM DRAIN PROJECTS RESOLUTION NO. 86-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO CERTAIN STORM DRAIN PROJECTS MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN BRUESCH that Resolution No. 86-6 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-C, CC-N, CC-0, CC-Q, CC-S, CC-T & CC-I) CC-A CLAIM AGAINST THE CITY ON BEHALF OF THOMAS WEBER CC-D DRIVEWAY ACCESS/GARVEY & RIVER AVENUES CC-E RED CURB/EARLE AVENUE SOUTH OF GARVEY AVENUE CC-F CROSSWALK AND STOP SIGN CHANGE/JACKSON AVENUE AT NEWMARK CC-G RAMONA BOULEVARD CURVE/WEST OF BURTON AVENUE CC-H EARLSWOOD DRIVE CURVE/EAST OF IVAR AVENUE CC-J CITY HALL PHONE SYSTEM CC-K BUDGET CALENDAR FOR FY 1986-87 CC-L AUTHORIZATION TO ATTEND CSMFOA CONFERENCE IN CLAREMONT CC-M AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES ANNUAL CITY MANAGERS MEETING, FEBRUARY 12-14, 1986 IN SAN DIEGO CC-P ACCEPTANCE OF ROAD DEEDS/ANGELUS AVENUE STREET IMPROVEMENT PROJECT CC-R ADVERTISEMENT IN ROSEMEAD INDEPENDENT NEWSPAPER/SUPPORT OF ROSEMEAD CHAMBER OF COMMERCE MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN . TAYLOR 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 CLAIM AGAINST THE CITY ON BEHALF OF ROBERT J. BONDY MOTION BY MAYOR TURY, SECONDED BY COUNCILMAN TAYLOR that the claim against the City on behalf of Robert J. Bondy be re- jected, and that a letter of rejection be sent. Vote resulted: AYES: Councilmembers Cleveland, Imperial, Taylor & Mayor Tury NAYES: None ABSENT: None ABSTAIN: Councilmember Bruesch Whereupon the Mayor declared said motion duly carried and so ordered. CM 1-28-86 Page N4 • CC-C CROSSING GUARD/DEL MAR AND DOROTHY STREET Councilman.Bruesch stated that the Garvey School District had just approved the fact that the boundaries will be changed and a greater number of students will be crossing Del Mar at that particular spot. Mayor Tury inquired when this boundary change will take place. Councilman Bruesch stated that it would be effect in Sep- tember, 1986. Frank G. Tripepi, City Manager, stated that this item will be brought back to the commission once the Del Mar improvement is completed. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that the adult crossing guard at Del Mar and Dorothy Street be denied. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CC-N REQUEST BY CONTRACT CITIES ASSOCIATION FOR ASSESSMENT FOR AMBULANCE SUIT Councilman Taylor stated that he had a concern regarding the fact that this suit has drug out for five or six years, and he requested an update on the figures being referred to in the memo from George Voigt of Contract Cities. He wanted to know exactly how this figures are arrived at with back up information. Councilman Imperial stated that it is costing Rosemead more than was anticipated; however, the suit cannot be dropped right now, and he felt that the organization should be supported. Mayor Tury stated that the information Councilman Taylor re- quested will be gotten for him. Councilman Taylor stated that he was not questioning the assessment; however, he did want the back-up information. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN BRUESCH that the requested assessment for the ambulance suit for Contract Cities be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CC-O PLANS & SPECIFICATIONS FOR BUS SHELTERS AND AUTHORIZA- TION TO SEEK BIDS Councilman Bruesch inquired how the sites for the bus shelters were, chosen. Frank G. Tripepi, City Manager, stated that it was based upon the ridership and the ability ofthe site to handle the bus shelter. Councilman Bruesch inquired what the effect of vandalism has been on these shelters, and does it raise the cost of the service contract. Frank G. Tripepi, City Manager, stated that any time there is damage to the facility it will cost money to repair or replace. Hopefully, the shelter that has been picked is most resilient to vandalism, and more easily maintained and thereby not have that much of a problem. MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN BRUESCH that the plans and specifications for bus shelters be approved and authorization to seek bids be granted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CM 1-28-86 Page N5 0 CC-Q APPROVAL OF QUALIFICATIONS OF CDBG ENGINEERING FIRM AND AUTHORIZATION TO ENTER INTO AGREEMENT Councilman Taylor requested that the City Manager summarize the reason for this particular item on the Agenda. Frank G. Tripepi, City Manager, briefly, explained that until recently the CDBG Commission allowed the City to use their engin- eering staff*to develop the engineering proposals for projects that were funded through CDBG; however, recently it has been de- cided that consulting engineers are not the same as in-house engin- eer. If a City had an in-house engineer, it would be fine to use that person to do the engineering necessary for CDBG funded pro- jects; however; if your engineering was performed by a consulting engineer, then proof will have to be provided to the CDBG that other proposals have been received and have made an evaluation and make a recommendation and an award from the legislative body. He stated that was the reason that this item is before the Council this evening. Councilman Taylor inquired if this is a bidding procedure of what would be charged for services. Frank G. Tripepi, City Manager, stated it was a circular statement that says the procurement of engineering services shall be handled the same as other procurements dealing with open and competitive bidding process, and as such the public agency shall have proof of competitive bidding for that parti- cular project. He added that.they are willing to accept a de- termination by the legislative body for a period of three years. Councilman Taylor stated that he could go along with the three year proposal; however, what he finds disturbing about this particular item is that although the City has received statements from these other three companies and there is nothing in the agenda packet to even know what they presented to the City. There is nothing to make a comparison with in the packet. Frank G. Tripepi, City Manager, stated that he would provide that information and requested that this item be held over to the next meeting. Councilman Taylor also requested a copy of the circular. There being no objection, it was so ordered that this item be deferred to the next meeting. CC-S APPROVAL OF CUP 85-339/SOUTHERN CALIFORNIA EDISON HELISTOP Councilman Bruesch stated that he has had a number of residents with concerns regarding the number of flights per day and who is directing traffic and if both heliports would be used at the same time. Mayor Tury commented that the second heliport is not going to be used by Edison. They will be.using their new helipad, but at the request of the City the second helipad that is on the ground level will be kept for the use of the Sheriff's Department or other emergency services., MOTION BY COUNCILMAN TAYLOR, SECONDED BY MAYOR.TURY that the CUP #85-339 allowing the Southern California Edison Helistop be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CC-T AUTHORIZATION TO ATTEND CPRS CONFERENCE IN FRESNO, MARCH.6-9, 1986 Councilman Taylor inquired if the Director, the Parks Super- intendent, three Supervisors and the Center Director attend this Conference in Fresno from Thursday through Sunday, who will be available to take care of Rosemead and Garvey Park during this period of time. CM 1-28-86 Page N6 -.7/ Michael Burbank, Parks.& Recreation Director, stated that he had already made arrangements that one of the supervisors will remain to take care of the parks. Supervisor Linda Lewis would be.staying. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that authorization to attend the CPRS Conference in Fresno, on March 6-9, 1986 be granted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION & ACTION A. REPROGRAMMING OF CDBG FUNDS MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CLEVELAND that the reprogramming of the CDBG Funds be approved. Vote resulted: AYES: Councilmen Bruesch, Cleveland, Imperial, and Mayor. Tury NAYES: Councilman Taylor ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. The following Resolution No. 86-5 be presented for adoption: RESOLUTION NO. 86-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO CERTAIN STREET RECONSTRUCTION PROJECTS MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CLEVELAND that Resolution No. 86-5 be adopted. Vote resulted:'. AYES: Councilmen Bruesch, Cleveland, Imperial, and Mayor Tury NAYES: Councilman Taylor ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Taylor stated that he had a problem with spending CDBG funds in the Project Area when it could be spent any where within the City, just as he has often complained about spending RRA funds in areas outside the Project Area. He was not opposed to the concept of the project; however he felt that CDBG monies should be spent outside of the Project Area. VI. STATUS REPORTS A. MODERN SERVICE AGREEMENT AMENDMENT Received and Filed. B. MISSION DRIVE/LIMITED PARKING Received and Filed. VII.MATTERS FROM OFFICIALS A. Councilman Bruesch stated that he had been approached by residents who stated that the sign on Dubonnet and Marshall has not been replaced as yet from an accident that occured in September, and he wondered when this sign would be replaced. Mayor Tury requested that a memorandum be prepared for Councilman Bruesch regarding the replacement of that street sign. B. Councilman Bruesch commented on the Statement of Revenue dated November 30, 1985. He noticed that there was an over-esti- mate of $600,000 in revenues. He wondered what that.was due to. Frank G. Tripepi, City Manager, stated that the revenue is received in different amounts in the different quarters. CM 1-28-86 Page H7 Mayor Tury stated that those monthly statements are just for information, and the one that really counts is the one at the end of the year. Councilman Bruesch requested that the Council Meeting be adjourned in the memory of the astronuats who died:in.:the'tra- gedy today. Mayor Tury stated that he had planned on doing that also. C. Councilman Taylor requested that.staff check into alternate sites for disposal of rubbish that Supervisor Pete Schabarum had mentioned for the San Gabriel Valley. He stated that these suggested sites were not just for hazzardous waste, but would be used as alter- nate sites since the pressure is still on to close several of the dumps now being used. This may force the Cities to accept the waste- to-energy burning plants, if alternate sites are not found. Mayor Tury stated that he would be speaking with Supervisor Schabarum Thursday afternoon and he would mention to him that Rosemead would like to be of assistance to him and request what- ever information is available regarding the alternative sites. D. Councilman Taylor stated that he would not be available for the February 4th Study Session and requested that it be set for February 18, 1986 instead at 7:30 p. m. Councilman Bruesch inquired when there would be another study session on the Zoning Ordinance, and inquired if the Zoning Ordinance and the General Plan would be handled together. Mayor Tury stated that if possible if would be nice to have them together, and possibly this study session could be held in March. E. Councilman Imperial requested an up-date on the Caltrans Yard at Hellman and Walnut Grove. Mayor Tury requested staff call Caltrans regarding the wall around the Caltrans Yard. Councilman Imperial requested that the Council Meeting be adjourned in memory of the astronauts who lost their lives today. F. Counclilman Taylor requested an update on the soundwall on Olney Street. / Mayor Tury requested staff to check on the soundwall. There being no further business to handle, the City Council Meeting was adjourned in the memory of those brave astronauts who died a tragic death in the Space Shuttle, the Challenger. The next regular meeting will be held on February 11, 1986 at 8:00 p. M. Respectfully submitted: APPROVED: Cit Clerk MAYOR CM 1-28-86 Page H8