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CC - 07-09-85r APPROVED • CITY OF ROSEMEAD _-ph PATE MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL JULY 9, 1985 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 Mayor Pro Tem Imperial. The Invocation was delivered by Reverend Percy Ferguson. ROLL CALL OF OFFICERS: Present: Councilmen Bruesch, Cleveland, Imperial, Taylor and Mayor Tury Absent: None APPROVAL OF MINUTES: JUNE 11, 1985 - REGULAR MEETING MOTION BY COUNCILMAN CLEVELAND, SECONDED BY COUNCILMAN IMPERIAL that the Minutes of the June 11, 1985 Council Meet- ing be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. II. PUBLIC HEARING A. PUBLIC HEARING TO CONSIDER THE VACATION OF A PUBLIC ALLEY KNOWN AS WHITMORE ALLEY Mayor Tury stated that the public hearing was open and in- quired if there was anyone in the audience who would care to speak regarding this matter. Carl Van Winkle, 2802 Whitmore, inquired if the vacation of this alley would affect the assessed value of his property. and also inquired who would take care of the change in deed descriptions. Frank G. Tripepi, City Manager, stated that his property would be larger, and there would be an increase in the assess- ment of his property only on the increased portion of his pro- perty, and not on the whole lot. He stated that at the same time the assessed value of the property is being increased, the market value of the property is also being increased based on the added square footage. Mayor Tury reiterated that will be.only on the additional not be a total reappraisal of the increase in the assessment square footage and there will the total parcel of property. Councilman Taylor stated that the City is picking up the cost of a block wall fence the whole length of that alley which separates the properties and also the return fencing down each side. This will be an overall improvement in appearance, and the tax assessment will be minimal. He felt that the advan- tageous far out-weigh the slight increase in property tax. Mayor Tury stated that there had been a concern that the entire parcel would be reassessed; however, the City has been assured that is not the case. Robert Kress, City Attorney, stated that in reference to who will be doing the documentation of the transfer, the City will handle the transfer and there will be no cost to the property owners. Juan Nunez, 2702 Del Mar, commented on a drain that has been in the alley that drains into the.wash and inquired what provisions have been made to handle the excess water. CM 7-9-85 Page N1 LJ IF- ~J Tom Howard, Deputy City Engineer, stated that they were aware of the drain at the end of the street that collects water, and they are investigating either an underground drain or a swale to handle that problem. He felt that it would pro- bably be the underground drain. Mayor Tury stated that it would be taken care of at City expense. Mayor Tury inquired if there was anyone else in the audience who would care to speak regarding this matter. No one came for- ward and the Public Hearing was closed. The following Resolution No. 85-28 was presented for adoption: RESOLUTION NO. 85-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD VACATING A PORTION OF A PUBLIC ALLEY (WHITMORE ALLEY) MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN BRUESCH that Resolution No. 85-28 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Bruesch expressed his appreciation to the Planning Department for their quick response to questions raised regarding the assessment of the properties involved in the vacation of the Whitmore Alley. B. STREET HEARING TO CONSIDER UNDERGROUND UTILITY DISTRICT #3 ON GARVEY AVENUE Mayor Tury stated that the Public Hearing was open and in- quired if there was anyone in the audience who would care to speak regarding this matter. No one came forward, and the Public Hearing was closed. The following Resolution No. 85-29 was presented for adoption: RESOLUTION NO. 85-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ESTABLISHING UNDERGROUND UTILITY DISTRICT 113 MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN BRUESCH that Resolution No. 85-29 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. C. CONTINUED PUBLIC HEARING TO CONSIDER PROTESTS RELATING TO THE IMPOSITION OF LIENS ON REAL PROPERTY IN CASES OF DELINQUENT RUBBISH COLLECTION CHARGES Mayor Tury stated that the Public Hearing was open and in- quired if there was any one who would care to speak regarding this matter, they should come forward. No one came forward, and the Public Hearing was closed. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN BRUESCH that liens be placed on properties located at 3216 Eckhart and 2611 (2615) River-because of delinquent rubbish collection charges. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Taylor requested a written report for the Council regarding the resolution of the problem with the original nine property owners who had protested at the last meeting. CM 7-9-85 Page 112 III. LEGISLATIVE A. RESOLUTION NO. 85-30 - CLAIMS & DEMANDS (FY 1984-85) RESOLUTION NO. 85-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF $214,184.67 NUMBERED 9458-9476/14295 THROUGH 14366 INCLUSIVELY MOTION BY COUNCILMAN BRUESCH, SECONDED BY COUNCILMAN CLEVE- LAND that Resolution No. 85-30 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. 85-31 - CLAIMS & DEMANDS (FY 1985-86) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $11,545.50 NUMBERED 9467/14370 THROUGH 14386 INCLUSIVELY MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CLEVE- LAND that Resolution No. 85-31 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor,declar.ed said motion duly carried and so ordered. IV. CONSENT CALENDAR (CC-C and CC-H deferred and CC-F Deleted) CC-A RENEWAL OF GRAFFITI REMOVAL CONTRACT CC-B RENEWAL OF CHAMBER OF COMMERCE CC-D AUTHORIZATION TO ATTEND WETIP CONFERENCE IN ONTARIO, SEPTEMBER 27-29, 1985 CC-E CLAIM AGAINST THE CITY ON BEHALF OF LELAND JENSEN CC-G CONTRACT COST ADJUSTMENT FOR WHITMORE AVENUE STREET IMPROVEMENTS CC-I APPROVAL OF 16TH HOME HANDYMAN BID PACKAGE AND AUTHORIZATION TO SEEK BIDS MOTION BY COUNCILMAN IMPERIAL, 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-C AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES CONFERENCE IN SAN FRANCISCO, OCTOBER 6-9, 1985 Councilman Taylor objected to this particular item because almost the entire city staff had been included in the request to attend the Conference. Councilman Imperial agreed with Councilman Taylor and he felt that the City Manager should go over the list of the staff people and eliminate those who would have no reason to be there; however, the Conference could be approved at this time. Councilman Taylor stated that since the Conference is not until October 6th, this item could be deferred to the next Council Meeting. There being no objection, it was so ordered. CC-H' AWARD OF LOW INTEREST LOAN CONTRACT. Councilman Taylor stated that he needed to vote his oppo- sition to the funding not the particular property., CM 7-9-85 Page #3 0 Councilman Bruesch requested a memorandum on what the income, requirement is on the low interest rate loan. He also inquired about the additional items that were added to the contract, and asked if that was because the owner requested them or if they were code violations. . Jim Guerra stated that the project being considered is a com- pletion of an unfinished addition and the attachment at the back of the bid contract are the outstanding framing corrections written prior to the contractor taking it over. It was a condition of the bid that the contractor correct the work that was there also. MOTION BY MAYOR TURY, SECONDED BY COUNCILMAN IMPERIAL that the Contract be awarded to LPZ Construction for the amount of $28,626.90. Vote resulted: AYES: BRUESCH, CLEVELAND, IMPERIAL AND MAYOR TURY NAYES: TAYLOR ABSTAIN: NONE ABSENT: NONE Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Taylor requested that the record show that his "no" vote was not a vote against the individual, but the method of funding for the loan. He also requested that the City Mana- ger prepare a chronological list for the City Council showing the loans for the different projects that we have had,'and list- ing the amount.of money that the City deposits into the bank so that the ratio can be seen. Mayor Tury stated that was a good idea to have an update on those fund balances. Jim Guerra stated that the low interest loans are covered by two lump sum draw downs that were placed in the bank in 1980 and 1981. He stated that there is $150,000 on deposit. Councilman Taylor inquired how many low interest-loans have been issued. Jim Guerra stated that are 12 low interest loans, and that the $150,000 deposit makes enough interest per month to meet the interest subsidy payment that the City has; however, this loan may finally get to where the City is digging into the prin- ciple. Councilman Bruesch inquired when and if the program is dis- banded by the Federal Government, what happens to the money that has been deposited as collateral. Jim Guerra stated that right now there is an excess of the interest necessary to pay these loans off; however if the pro- gram disbanded, the $150,000 would have to be accounted for and returned to the Federal Government any money that had not been pledged on interest subsidy. Councilman Bruesch requested a little history on these loans. Jim Guerra stated that it would be included with the previous requests at the next council meeting. Councilman Taylor he requested that the commercial rehab 'and. rebate loans be listed separately on the claims and-demands. V. MATTERS FOR DISCUSSION AND ACTION A. SB 75 (FORAN) DEEP POCKETS Lisa Donnell, Administrative Aide, stated that legislation SB 75 is seeking to change the existing law which makes public entities liable for suits brought against other defendents who. cannot afford it. SB 75 would only allow the claimant the per- centage of damage caused by the public entity. Mayor Tury stated that recently many people feel that suits have been brought against the City because people feel that if the person who caused the damage cannot pay, the City can afford to pay. If the City is at fault, the City does have some liabil- ity; however, the City does not have liability in every single accident that happens in town. CM 7-9-85 Page #4 Mayor Tury stated that this SB 75 is strictly a bill to clarify that Cities shall be responsible only for their portion of liability that has occured. Councilman Taylor stated that this is a statewide bill and every City in the State is involved. He stated that there had been three lawsuits filed against the City in one night, a school bus had a beebee gun shot in the bus window, and the City was named as a party to that, the other incident was when a gentle- man was working on his car in his driveway and the car fell on him and the City was sued for that, and the third one was that someone was remodeling their front porch and the post slipped and the City was sued for that also. He stated that this bill will correct a situation that allows the City to be sued for things beyond its liability. Robert Kress, City Attorney, stated that he felt that this was an important bill and hoped it had the Council's support. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that staff be directed to send letters of support for SB 75 to the appropriate elected officials. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. B. EL MONTE RESOLUTION NO. 5828 Councilman Taylor requested that this Resolution be deferred to the next meeting to get more specific information from the City of E1 Monte, and stated that 10 or 12 different State Sta- tutes are referred to in the body of the Resolution and he wanted these statutes given to the council. Mayor Tury also requested a more comprehensive report from the staff regarding this resolution. Councilman Bruesch also stated that clarification was needed. C. AMERICAN LEGION--FLAG POSTING MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that the American Legion be allowed an increase in their fees from $300 to $330 per holiday to post the City's flags. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. VII. STATUS REPORTS A. 8333 Hellman Avenue There was no action needed or taken. B. LAWN PARKING ENFORCEMENT Erline Moore, 3520 N. Marybeth Avenue, stated that they have many cars and on street sweeping day they put the one car on the lawn on the evening before, and she inquired what the time is that cars on the lawn are allowed on street sweeping days. Mayor Tury stated that problem would be considered by the Councilmembers and a time schedule would be decided. Juan Nunez, 2702 Del Mar, stated that. he understood her problem on sweeping days; however, he did not feel that people should be parking their cars on the lawn the rest of the week. Mayor Tury recommended that the ordinance should be amended to allow lawn parking on street sweeping days from 6:00 p. m. of the day before to 7:30 p. m. on the day of street sweeping. He requested that this be a written policy now so that it can be enforce that way and then the ordinance can be rewritten to re- flect this change. CM 7-9-85 Page N5 Councilman Bruesch commented on the parking of cars on Falling Leaf with the Auto Auction parking, and requested that the Traffic Commission look into that problem. Councilman Taylor requested that the parking of cars on Falling Leaf by Auto Auction cars be placed on the next Council Agenda. Mayor Tury requested that the City Attorney have the ordinance available for the change by the next Council Meeting. VI. MATTERS FROM OFFICIALS Mayor Tury requested that Matters from Officials be placed after the Status Reports on the Agenda. A. Councilman Bruesch inquired about the Affirmative Action Plan from Falcon that was supposed to be ready this month, and stated that he would like a copy of it when it arrives. Robert Kress, City Attorney, stated that he has not heard anything more about it. B. Councilman Bruesch stated that was an agreement proposal from the School District for the Duff Agreement and Fern Complex Agreement, and he would like to have a joint meeting again to dis- cuss those two issues. Mayor Tury requested that staff study that proposal and then staff can come up with a counter-proposal and possibly a meeting can be set for the first part of August. C. Councilman Bruesch commented on the new High School issue and the placement of it, and he wanted to go on record with the statement that although a new high school is needed he would want the site chosen that would displace the fewest number of Rosemead residents, and was opposed to the primary site'being considered. Councilman Imperial stated that at this point the high school site is not a Council issue and until an Environmental Impact Re- port is done, the City will not know what is going to happen. He stated that many people have said that this is a Council issue, and that the Council is condoning the action being taken and none of this is true. Mayor Tury stated that he felt very strongly about what Councilman Imperial stated and at this point there are nothing but rumors being spread. Councilman Taylor stated that the School District is an equal and separate entity from the City Council. The City Council does not condemn property for the public schools, and the schools do not condemn property for the City. They are an autonomous body that will do their own action. He felt that until facts are re- ceived on where the District is going to put this proposed high school, it would be premature to say what areas the Council would or would not support. D. Councilman Taylor inquired what Falcon's construction schedule was? Mayor Tury requested an up-date of Falcon's construction schedule by the next Council Meeting, and possibly have Bob Levy present at the next meeting. E. Councilman Imperial commented on a memo received from Caltrans on July 3, 1985 regarding the cleanup of 8333 Hellman, and stated that he felt that nothing has improved. He had sug- gested that the property be closed off with a fence and an alarm system be put in, but nothing is being done, and there has been no progress being made. Mayor Tury stated that the City will keep trying to get some- thing done about the problem. „ CM 7-9-85 Page M6 Councilman Bruesch referred to a memo written to Councilman Imperial from the Sheriff's Department regarding the mini-market at Mission and Muscatel and some of the problems occuring there. He stated that he also has received information regarding pro- blems there At the Market. He felt that more surveillance there by the Sheriff's Department might be helpful to curtail those pro- blems. Mayor Tury stated that this has been an on-going problem for the past ten years; however, he felt that it would be help- ful if the Sheriff's deputies would drive by a little more fre- quently. Frank G. Tripepi, City Manager, stated that the problem is being taken care of. VIII. ORAL COMMUNICATIONS A. Juan Nunez, 2702 Del Mar, inquired when the construction on Del Mar north of Garvey would commence. Mayor Tury stated that approval has been received from Caltrans; however, construction will probably start sometime in March of 1986. B. Mayor Tury stated that this meeting would be adjourned to July 16, 1986 at 7:30 in order to interview candidates for the position of Planning Commissioner. There being no further business to handle, the Council Meeting was. adjourned to July 16, 1985 at 7:30 p. m. Respectfully submitted: rk City ek APPROVED: MAYOR CM 7-9-85 Page #7