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CC - 11-12-85• 9 APPROVED CITY OF ROSE11 AD DATE MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL NOVEMBER 12, 1985 AT 8:00 P. M. The Regular Meeting of the to order by Mayor Tury at 8:00 F City Hall, 8838 E. Valley Blvd., Rosemead City Council was called m., in the Council Chambers of Rosemead, California. The Pledge to the Flag was led by Councilman Taylor. The Invocation was delivered by City Treasurer Hugh Foutz. ROLL CALL OF OFFICERS: Present: Councilmen Bruesch, Cleveland, Imperial, Taylor and Mayor Tury Absent: None APPROVAL OF MINUTES: OCTOBER 22, 1985 - REGULAR MEETING MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CLEVELAND that the Minutes of the Council Meeting of October 22, 1985 be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. APPROVAL OF MINUTES: OCTOBER 29, 1985 - ADJOURNED MEETING Councilman Bruesch stated that a correction should.be made on page six clarifying his statement regarding south of the Freeway. It should read: south of the freeway north of Hellman and west of Del Mar be changed to Residential/Commercial. MOTION BY COUNCILMAN CLEVELAND, SECONDED BY COUNCILMAN IMPERIAL that the Minutes of the adjourned meeting of October 29, 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. III. LEGISLATIVE A. RESOLUTION NO. 85-51 - CLAIMS & DEMANDS Councilman Bruesch inquired about the Warrant No. 15209 on page #6, and wondered what a blanket position bond was. Donald Wagner, Assistant City Manager, stated that was a performance bond for the elected officials. (Honesty Bond) Councilman Taylor inquired about Warrant Nos. 15196 and 15197, Federal Express and Flair Data Services, and inquired what the charges are for. Donald Wagner, Assistant City Manager, stated that the first item was the Zap Mailer, and the Flair Data Services is the Data Processing Agency used by the City. Frank G. Tripepi, City Manager, stated that the Data Processing Agency has changed names and are now relocated in E1 Monte in the F1air.Park area. Councilman Taylor requested a memorandum on both of these items explaining the services. RESOLUTION NO. 85-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $380,501.10 NUMBERED 9654-9683/15173 THROUGH 15294 CM 11-12-85 Page #1 • 0 MOTION BY COUNCILMAN CLEVELAND, SECONDED BY COUNCILMAN IMPERIAL that Resolution No. 85-51 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. 85-52 - GRANTING CONSENT & JURISDICTION TO L. A. COUNTY FOR ASSESSMENT PROCEEDINGS FOR STREET IMPROVEMENT ON LA MADRINA DRIVE Mayor Tury stated that he thought that La Madrina Drive was a privately owned street, and questioned what the County's plans are. Frank G. Tripepi, City Manager, stated that the County wants to set up an assessment district for road improvements. Councilman Taylor requested a report back on how the residents of Rosemead will be assessed on this project and if it is going to be handled similarly to other streets. He felt that these assessments were high. He thought it would be a good opportunity to use some of the redevelopment money. Mayor Tury stated that the staff could talk,,to the County about assessments on the Rosemead residents and possibly some assistance could be,.given to them at the Agency Meeting. RESOLUTION NO. 85-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY IMPROVEMENT NO. 2636-M . LA MADRINA DRIVE AND OTHER RIGHTS OF WAY MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CLEVELAND that Resolution No. 85-52 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. 85-53 - CONDITIONALLY APPROVING REVISION A TO THE PROPOSED MARCH, 1984 UP-DATE OF THE LOS ANGELES COUNTY SOLID WASTE PLAN Mayor Tury stated that the County Board of Supervisors had not taken action on the plan at the time the memorandum had been prepared. He felt that the County. should take the lead on this and then the City can follow them. Councilman Taylor agreed with Mayor Tury and he stated that he too, had some reservations on the up-dated plan. Mayor Tury suggested that this item be deferred to a later date for consideration and after the County has taken action on it. There being no objection, it was so ordered. IV. CONSENT CALENDAR (CC-B, CC-C, CC-E, CC-F, CC-N & CC-0) CC-A AUTHORIZATION REQUESTED TO ATTEND LEAGUE OF CALIFORNIA CITIES FINANCIAL MANAGEMENT SEMINAR IN MONTEREY, DECEMBER 4-6, 1985. CC-D AUTHORIZATION TO SEEK 18TH HOME HANDYMAN BIDS CC-G ACCEPTANCE OF WORK/PEDESTRIAN TRAFFIC SIGNAL ON WALNUT GROVE AVENUE AT SOUTH CALIF. EDISON WALKWAY CC-H CLAIM AGAINST THE CITY ON BEHALF OF PACIFIC BELL CC-I ACCEPTANCE OF DEDICATION OFFER BY SOUTHERN CALIF. EDISON CC-K AMENDMENT TO DIAL A RIDE FRANCHISE AGREEMENT CC-L ACCEPANCE OF ROAD DEED AND PERMIT TO ENTER FOR PINE STREET IMPROVEMENT PROJECT CM 11-12-85 Page #2 • CC-M ACCEPTANCE OF AVENUE STREET MOTION BY COUNCILMAN that the foregoing items resulted: J ROAD DEEDS AND PERMITS TO ENTER, ANGELUS IMPROVEMENT PROJECT TAYLOR, SECONDED BY COUNCILMAN IMPERIAL on the Consent Calendar be approved. Vote UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CC-B REQUEST AUTHORIZATION TO ESTABLISH SENIOR CITIZENS LUNCH PROGRAM AT THE COMMUNITY CENTER Councilman Bruesch hoped that some of the people hired for this program could be local citizens, and requested that notification be given to the Rosemead Citizens that there is going to be this program and there may be an opportunity for part-time work-for them. Michael Burbank, Parks & Recreation Director, stated that the Mexican American Opportunity Foundation with at least 10 names of senior citizens that might. be interested. Councilman Bruesch was also interested in the quality control of the nutritional content of the meals being served to the senior citizens. Mayor Tury stated that he assumed that these are federal funds being used for the program and the Federal Government would administer the funds and the City would not be able to tell them what to serve. Councilman Taylor requested a weekly summary of the number of meals given at the centers. He inquired also about the $1.00 donation for the meals. Michael Burbank stated that at the Community Center the dona- tions range any where from .50 cents.to a $1.25 in the envelopes. He stated that there was no set donation amount. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN BRUESCH that the establishment of a Senior Citizens Lunch Program at Zapopan Community Center be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CC-C APPROVAL OF COMPUTRAN AGREEMENT/CABLE T.V. CONSTRUCTION MONITORING Councilman Bruesch requested that a committee of local resi- dents be included in this proposal to oversee the cable quality in the City of Rosemead, and stated that he could not vote for this proposal without that in it. Mayor Tury stated that at the last meeting, it was the con census of most of the councilmembers that felt that the system should be built and then after that the possibility of an over- sight committee could be explored. Councilman Imperial stated that he did not feel the need for a citizens vigilante committee for Cable T.V., and did not feel that there were citizens expert in Cable T.V. in this community. He also agreed with the hiring of Computran be- cause he did not want to hear from citizens that the job was not done right and we would then have big problems with the cable system. He requested that the record show that it was pathetic that a monitoring system would have to be hired for a cable company that the City has put their faith in. Councilman Taylor stated that he wanted the record to show that the reason that he felt the need for this monitoring is that after the City had a presentation from two firms, after one was eliminated, the firm that was awarded the contract, came back with 25 items that they wanted changed after the competition was eliminated. He felt that the current contractor had mis- lead the City, by allowing them to feel that the system would begin CM 11-12-85 Page #3 • 0 within thirty (30) days, and it has been almost six months. He felt that someone was needed to oversee this project. He stated that the only thing he wanted added or changed in this contract was that when the bi-weekly inspections, that there also be a bi-weekly written report given to the Council so that everyone will know what has actually been-doue. Hugo Munoz, Cable Engineering Technician, stated that would be no problem to prepare bi-weekly written reports after each inspection. Mayor Tury thanked Mr. Munoz. Councilman Taylor also requested that the Council be given a list of long lead items and these critical items be ordered at the beginning of the project and thereby allowing the six or eight weeks needed to get it. Mr. Munoz stated that according to the Computran proposal there is to be preconstruction meetings and ground rules for the job will be set at that time. A schedule of construction will be set, and after the City gives notice to begin, the contractor had better keep to.the schedule. Councilman Imperial inquired if they don't what would happen? Mr. Munoz stated that there are a number of legal actions that the City might take, such as penalties. He added that the pre-construction meeting should help to explain every gray area in the wording of the contract. Mayor Tury stated that he supported the monitoring,•,not so much because he does not trust the firm, but because he cannot imagine anything in this City to be built for 3.5 or 4 million dollars without having qualified inspectors on the job. He felt that it was in the citizens best interests to have qualified in- spectors on the job to verify that the City is getting what we have been told the City is going to get. Councilman Bruesch stated that he felt that we do-. not know that Rosemead does not have c_itizens.:qualified or expert..in.,Cable N.V. and he felt that if.the City had an oversight committee being trained along with the development of the Cable company, he felt that it would be found that the expertise would be there. He could not see spending this money for the construction monitoring and then a year from now sending it a drift without having some- one handling the complaints of the service, improvements in the service and the curtailment of the service.' He felt that these types of things should be scrutinized constantly, and he requested that something be put in the agreement setting up such an over- sight committee. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that the Computran Agreement to monitor the Cable T.V. construc- tion be approved. Vote resulted: AYES: Councilmen Cleveland, Imperial, Taylor and Mayor Tury NAYES: Councilman Bruesch ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Taylor stated that he would not oppose someone monitoring the Cable service a year or so from now, and he re- quested information from other cities to see what they are doing and how they are handling an ad-hoc committees. Mayor Tury stated that he would like to check with council- members from other cities to see how they are handling the situa- tion. Councilman Imperial requested that staff look into the pos- sibility of Computran being placed on a retainer basis after they complete the construction. This way an expert would be doing the serveillance. CM 11-12-85 Page #4 • • CC-E PROPOSAL FOR ENGINEERING SERVICES FOR STORM DRAIN DRAINAGE IMPROVEMENTS SOUTHWESTERLY OF THE INTER- SECTION OF VALLEY AND TEMPLE CITY BOULEVARD. Councilman Bruesch requested an explanation of why surface drains and a few underground drains can,cost $105,000. Norman Rubel, Deputy City Engineer, stated that it is not completely surface drainage.and there is underground piping that has to be tied into a storm drain on Valley Boulevard and those tie ins to that existing storm drain are expensive as the esti- mate indicates. Mayor Tury stated that there is a severe drainage problem on Steele and if those houses in that area were inspected, high water lines on their walls of 21. to 3 feet would be noticed. He agreed that the $100,000 was a lot of money; however, the bene- fit would outweigh the cost ratio. Councilman Taylor stated that he felt that a swale could have been put along side those three private properties as was done on Newby Street. Mayor Tury stated that a swale had been suggested onto Temple City Boulevard, and the last two property owners refused right-of-ways. He added that when those parking lots were not paved, there had been natural percolation; however, after the paving, ..the three properties took all of the run-off from that whole commercial strip, from Randolph Glass to the transmission place. He realized that this might be expensive, but he felt that it was money well spent for something that is needed badly. Councilman Taylor inquired if the City was going to absorb all of the cost. Mayor Tury stated that the CDBG was going to absorb the cost. He stated that the City had allowed it to be built over the years without addressing the waterflow problems, and permits have been 'issued and he felt that the City should be responsible for those actions. . Councilman Taylor agreed that the City allowed it and did not require proper drainage in the permits. Mayor Tury stated that this Council is not totally respon- sible, but they did allow a bad problem to get even worse. Councilman Bruesch inquired if a drainage plan is part of a building permit, and inquired if there was someway that this could be prevented from happening again by either the Planning Commission or the City Council. John Carmona, Planning Director, stated that the plans that come before either-the Planning_Commisson or the Council are land divisions or design reviews. On large projects drainage plans are checked, but not on small projects. He added that the Council at this point is accepting responsibility for things that had occured during the last 25 years.. He felt that the solution that the Deputy City Engineer has offered is less complex than the maintenance.problems of a swale and the liabilities of a swale. Mayor Tury stated that this has been reviewed extensively, and he felt that this was a good way to resolve a long standing problem with the use of CDBG money. Councilman Taylor stated that he felt that the swale was the most practical way of handling this drainage problem if the pro- perty owners would be willing to cooperate. He could not justify the expenditure of the $105,000 when there is a more practical alternative. MOTION BY MAYOR TURY, SECONDED BY COUNCILMAN IMPERIAL that the Engineering Proposal for Storm Drain drainage improvement southwesterly of the intersection of Valley and Temple City Blvd., be approved. Vote resulted: CM 11-12-85 Page N5 • AYES: Councilmen NAYES: Councilman ABSENT: None ABSTAIN: None 0 Cleveland, Imperial and Mayor Tury Bruesch and Taylor ' Whereupon the Mayor declared said motion duly carried and so ordered. CC-F ACCEPTANCE OF WORK/PEDESTRIAN TRAFFIC SIGNAL ON WALNUT GROVE AVENUE AT SOUTHERN CALIFORNIA EDISON COMPANY WALKWAY MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CLEVELAND that the Edison Pedestrian Traffic Signal Walkway be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CC-J AMENDMENT TO MODERN SERVICE FRANCHISE AGREEMENT Modern Service Company requested that this item be deferred to the December 10, 1985 Council Meeting. There being no objection, it was so ordered. CC-N ACCEPTANCE OF FINAL MAP NO. 17005 AND AUTHORIZE.' OF RECORDATION Councilman Bruesch inquired if this parcel is serviced by Amarillo Water Company for residential use. John Carmona, Planning Director, stated that it was. Councilman Bruesch reiterated his apprehension in overburden- ing that water system any further. He realized that there would be a water main constructed on Garvey.Ave; however, that would be for Fire Service and not for residential service. He stated that many of the residents had told him that there is not an adequate water flow at the present time, and he could not add more problems to the system. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CLEVELAND that Parcel Map #17005 be accepted and recordation be authorized. 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. .Mayor Tury stated that the Amarillo Water Company is in the Redevelopment Project Area, and if anyone were interested in going into the water business, they might have staff check out the possibility of acquiring that. Councilman Taylor stated that Councilman Bruesch's point is well-taken, but there is a way of forcing the water company to up-grade. Meanwhile, the property stagnates and nothing is being done on those lots down there. He added that there comes a point in time, where the water company can be forced to do something to up-grade, if they have a delapidated system. Councilman Bruesch stated that when a report had been re- ceived regarding the water system down there, there were five options given that a.City could follow. He did not remember the legalities of all five points. One possibility was going into a joint venture and another was to redevelop the area. He felt that there was a mini building boom of housing in that general area, and he felt that something should be done to im- prove the water company's water delivery so that the water ser- vice to those new houses would be adequate. Councilman Taylor requested a report back to the Council regarding the very specific problems of the water flow for the residents in that particular area. He commented that his water bill rates have doubled in the past couple of years, and the system is still slip-shod. CM 11-12-85 Page #6 • Mayor Tury stated that everyone who owns property in that area is a partner in that water company. Councilman Taylor stated that if the people have the option of participating in it and they do not want to up-grade the system, that is one thing; however, in some cases they do not have the resources to completely rebuild a system that was allowed to run down. Those people may welcome condemnation, if somebody else could take it'over. Mayor Tury requested staff get the figures requested by Councilman Taylor and also have the City Attorney to check out what kind of leverage the City has to force the water company to up-grade their level of service. CC-0 AMENDMENT TO ROSEMEAD BOULEVARD MEDIAN PROJECT Councilman Taylor commented that this item was handled at a special meeting a couple months ago. He did not feel that the City Council was given the proper information. He had asked for a break-down of the small medians which came to approximately 1/3 of the project, and that left another 1/3 with the medians possibly 6 inches wider or a foot wider, but the intent was that the narrow strips would be left alone. He did not know if the Council consider what would be the small medians. Councilman Bruesch had the same comment at the presenta- tion of the original plan, and as he remembers, the difference between the cost of the small medians and the large medians had surprized him. However, at the following meeting the cost difference had been narrowed to a minimal amount and it took one of the major objections to the project away. Now, with the additional cost requested by the Contractor to work within the time constraints issued by Caltrans has made the cost of the project too high. Mayor Tury stated that he was one of the strongest supporters of this project, but he did not want to spend an additional $60,000 to accelerate the project a few months. He suggested that the bid be rescinded and wait until March and then go back out to seek bids for the project. Councilman Taylor stated that he still had reservations on the entire project. He wanted to see some of the beautification on some of the larger areas as he felt that those.would be noti- cible as.people drive by; however, Rosemead Boulevard is a 40 to 45 mile an hour highway and if there is stamped concrete in a 4 foot median, people would not even have time to look down on it. He stated that the cost has gone over $300,000 and only 1/3 of it is basically going to have any major beautification, and the rest of it is just flat. Mayor Tury felt that this project should be done right if it is going to be done at all. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN BRUESCH that the bid be rescinded because of excessive cost and be brought back in March of :1986. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Taylor commented that when this item comes up again, he hoped that someone would check it out, so that this mix up doesn't happen again. Mayor Tury stated that the City had received approval from Caltrans;.however, when the time came to build it, Caltrans stated that it could not be built during Race Track season and several other restrictions. Someone at Caltrans had signed it off, but apparently, it was the wrong person. CM 11-12-85 Page X17 • • VI. STATUS REPORTS A. WHEELCHAIRS FOR CITY FACILITIES Frank G. Tripepi, City Manager, stated that the procedure at the Community Center from the staff's standpoint is that the injured person is not moved until the paramedics arrive. He hoped that policy would be continued, and for that reason it was recommended that wheelchairs not be placed at the facility, and it is felt that it might be an enhancement of some liability by trying to move the person prior to the trained paramedics arrive on the scene. Mayor Tury stated that he had not envisioned the use of the wheelchairs for someone who had had a heartattack, but would have been used for some people who would get dizzy or indigestion or something of that nature. It would be a safe way for them to get out to their car. Councilman Taylor stated that he had mixed emotions, both the liability and-the convenience of having wheelchairs available. He did agree with staff's recommendation, and felt that the para- medics and the ambulance service both respond in minutes so the City is better off this way. If the response time was not as good as it is the City may have had an obligation, but that is not the case, and it would not be wise to take on that additional liability. Mayor Tury stated that no action was required. B. RED CURB AT 8923 MISSION DRIVE Frank G. Tripepi, City Manager, stated that this item will be placed on the November 26th Council Agenda, and no action is required at this time. VII. MATTERS FROM OFFICIALS A. Councilman Bruesch stated that he had received corres- pondence from Taxpayers for Fair Responsibility which deals with the reform package about Deep Pockets. They are trying to get an initiative on the ballot next year, which has essentially the same provisions as SB 75 which was defeated. This would limit the joint severalability of liability suits against Cities. He requested staff to check into this, and possibly get a Resolu-. tion prepared supporting the initiative. Mayor Tury requested that this resolution be placed on the next agenda for consideration. Councilman Bruesch stated that he had spoken to people who live on Isabel and they had inquired when and if the fence which was damaged around Alpha Beta was going to be repaired. The wall was damaged over a year ago and it has yet to be repaired. Mayor Tury directed the staff talk to the property owners and prepare a memo to the Council regarding that item. B. Councilman Taylor requested some input regarding the Handyman Program, the Commercial Rebate and Residential Rebate Program in a quarterly fashion to find out where the City actually stands. He stated that with all of the different programs, it is confusing where all the dollars are going. He also requested that the current requirements rules for each program be put in this report once a year. Mayor Tury stated that he felt that this would be an ex- cellent idea, and stated that he would be curious to find out if there were any other uses for that money. Frank G. Tripepi, City Manager, stated that he could have a format put together by the next meeting because he does have all the information which was given to him today. He stated that a regular quarterly report could be started in January of 1986. CM 11-12-85 Page H8 Councilman Taylor requested an on-going list. This list should include each and every project. Frank G. Tripepi, City Manager, stated that this report at the end of the year would reflect all four quarters and also included would be a set of the rules for-each program. C. Councilman Bruesch complimented the Southern California Edison Company for the article which was written in a National Magazine about them and praising their efforts for using the vi- ability of alternate energy sources. He stated that this saves our natural energy sources and our fossil fuels. D. Personnel Session Mayor Tury stated that he had been requested to hold a Personnel Session. Councilman Taylor inquired what the Personnel Session was regarding. Mayor Tury stated it was to talk about personnel. Councilman Taylor inquired of the City Attorney what employee comes under personnel sessions which are public discussions. City Attorney Kress stated that if;specifi,c charges.are being discussed and possible compromises of positions and so forth, that can be done in an executive closed session. He stated that he had not been consulted regarding this particular session so he could not answer what it might be about. Mayor Tury inquired if Councilman Imperial wanted to hold it off to the next Council Meeting until aconsultation with Counsel had taken place. Councilman Imperial stated that he had no problem with that, but he wanted to know what question Councilman Taylor has and possibly he could answer them, and he stated that he had been the one to ask for the Personnel Session. Councilman Taylor stated that in the revised State.Law there are certain employees that must.have certain things dis- cussed in public, and that is why he.had asked the.City Attorney fora-.clarification of the State Law. Councilman Imperial stated that in order not to get into a long dissertation on this, he suggested that the Personnel Session not take place at this time, and that the City Attorney prepare a memo regarding what the requirements are, and this be given to the Council for a better understanding of what is required. City Attorney Kress stated that he would be happy to do that. There being no further business to handle, the Council Meeting was adjourned to the next regular meeting of November 26, 1985 at 8:00 P. M. Respectfully submitted: City Clerk APPROVED: MAY CM 11-12-85 Page H9