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CC - 12-11-84APPROV Ell CITY OF ROSEAIEAD t DATE % X- P3 BY MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL DECEMBER 11, 1984 AT 8:00 P. M. The Regular Meeting of the Rosemead City Council was called to order by Mayor Taylor 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 Imperial. The Invocation was delivered by Reverend Paul Bengston. ROLL CALL OF OFFICERS: Present: Councilmen Bruesch, Cleveland, Imperial, Tury and Mayor Taylor Absent: None APPROVAL OF MINUTES: November 27, 1984 - Regular Meeting MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN IMPERIAL that the Minutes of the Council Meeting of November 27, 1984 be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. II. PUBLIC HEARINGS A. CONTINUED PUBLIC HEARING TO CONSIDER APPEAL TO PLANNING COMMISSION'S DECISION TO DENY A CUP FOR THE SALE OF BEER & WINE IN CONJUNCTION WITH A MINI-MARKET AND SERVICE STATION AT S/E CORNER OF SAN GABRIEL BLVD. & HELLMAN AVE. Mayor Taylor opened the Public Hearing and inquired if there was anyone in the audience who would care to speak regarding this matter. Frank G. Tripepi, City Manager, stated that the Department of Alcoholic Beverage Control has a procedure which they use to deny an Off-sale Beer and Wine License, and there are two criteria that need to be met. First, an overabundance of the ratio of li- censes to the population must exist, and second, there must be an excessive number of Part I and Part II crimes in the reporting Dis- trict in which these premises are located. There are seven licenses and the ratio formula allows four licenses. There is at present, an excessive number of licenses issued in that particular area; therefore, the first criteria is fulfilled. The second criteria, Part I and Part II crimes in that area numbered 1124 and to make it excessive it would take 1126.8 for the past year; therefore, the second criteria was not met. Sam Blick, Attorney representing the Atlantic Richfield Company, Fairbanks Ranch Plaza, Rancho Santa Fe, spoke in favor of the CUP request. He commented that Arco was planning to spend almost $300,000 on that particular site for the proposed AM/PM Mini Market, which would up-grade the entire neighborhood. He stated that everyone in the City that he had spoken to about the project seemed to be in favor of it; however, the hang-up was the issuance of another beer and wine license. He stated that Arco would agree not to develop this site or at least not to sell beer and wine until another lic- ense in that tract area could be found, and purchase a license from someone who is going out of business, even if they have to pay for an alcoholic beverage license, although, they would only sell beer and wine. This would not increase the amount of beer and wine li- censes in that area. Rodney Scager, 4755 Vista De Oro, Woodland Hills, California, professor at graduate school, UCLA, an officer of a local organi- zation in combating alcoholism, spoke in favor of the project and the conditional use permit requested. He felt that transferring a license from some other outlet to an Arco mini-market would not increase the consumption of alcohol in that area. CM 12-11-84 Page #1 I I ~j MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN BRUESCH that the Planned Development Plan 84-1 be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBER PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. C. PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF A PUBLIC STREET (NORWOOD PLACE) Mayor Taylor opened the Public Hearing and inquired 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. Councilman Tury inquired why storage was allowed on this street, and stated that could be handled at a different time. He inquired what the width of the street was. Mayor Taylor stated that it was 50 feet. Councilman Tury then stated that the Planning Commission made the right decision because if vacated it could be a whole buildable lot.- He felt that some day either a pedestrian walk- way or a bicycle way or even an extension of the street through there is a possibility. Councilman Bruesch inquired why this lot was parceled off separately. Mayor Taylor stated that this was done when it belonged to the County many years ago. Councilman Bruesch directed the staff to find someway that it could be cleaned up. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN BRUESCH that the City.Council.upholds the Planning Commissions decision and deny the vacation. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. III. LEGISLATIVE A. ORDINANCE NO. WALNUT GROVE AN ORDINANCE OF TH APPROVING A CHANGE TIAL, FOR PROPERTY 573-ZONE CHANGE FROM R-1 TO R-3 AT 4503 ORDINANCE NO. 573 E CITY COUNCIL OF THE CITY OF ROSEMEAD OF ZONE FROM R-1, LOW DENSITY RESIDEN- LOCATED AT 4503 WALNUT GROVE AVENUE MOTION BY COUNCILMAN TURY, SECONDED BY MAYOR TAYLOR that Ordinance No. 573 be introduced on its first reading and the reading in full be waived. Vote resulted: AYES: Councilmen Cleveland, Imperial, Tury and Mayor Taylor NAYES: Councilman Bruesch ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. B. ORDINANCE NO. 574 - AMENDING BUILDING REGULATIONS FOR THE "P" (PARKING) ZONE ORDINANCE NO. 574 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING THE BUILDING REGULATIONS FOR THE "P" PARKING ZONE MOTION BY COUNCILMAN CLEVELAND, SECONDED BY COUNCILMAN BRUESCH L that Ordinance No. 574 be introduced on its first reading and the reading in full be waived. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CM 12-11-84 Page #3 l C. RESOLUTION NO. 84-60.- URGING LEGISLATURE TO CONTROL TELEPHONE RATES RESOLUTION NO. 84-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD URGING THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA.TO TAKE POSITIVE ACTION TO CONTROL TELEPHONE RATES MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN BRUESCH that Resolution No. 84-60 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Bruesch requested that a copy of this Resolution be sent to an organization called TURN, Toward Utility Rate Normal- ization. Mayor Taylor stated that there was no objection to that re- quest. D. RESOLUTION NO. 84-61 - CALLING FOR FEDERAL URBAN MASS TRANSPORTATION ADMINISTRATION TO ACT ON SCRTD METRO RAIL Councilman Tury inquired if this was the subway portion that is being considered for funding. Nell Soto, RTD Representative, stated that it was the subway. Mayor Taylor felt that the Resolution did not clearly address the fact that the 1.6 million passengers was throughout the entire L. A. County which is over 4,000 sq. miles. He did not feel that it was a good investment of funds because it is so isolated. This is an investment of nine billion dollars which will be placed into one small corridor. He stated that he would be in favor of a more versatile and,zdiversified-system. MOTION BY COUNCILMAN TURY, SECONDED BY MAYOR TAYLOR that this resolution be received and filed. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. E. RESOLUTION NO. 84-62 - CLAIMS & DEMANDS RESOLUTION NO. 84-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CLAIMS & DEMANDS IN THE SUM OF $156,745.35 NUMBERED 9191-92-6/12858 THROUGH 12953 MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CLEVELAND that Resolution No. 84-62 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Bruesch requested the back-up for Warrant Nos. 12882 and 12940. Councilman Tury inquired about Warrant No. 12895. Robert Kress, City Attorney, stated that was a parking processing fee. F. RESOLUTION NO. 84-63 - MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO HELLMAN AVE. PHASE III RESOLUTION NO. 84-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO THE HELLMAN AVENUE "PHASE III" RECONSTRUCTION PROJECT CM 12-11-84 Page #4 .1 MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN TURY that Resolution No. 84-63 be adopted. Vote resulted: AYES: Councilmen Bruesch, Cleveland, Imperial, and Tury NAYES: Mayor Taylor ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered G. RESOLUTION NO. 84-64 - MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO EGLEY RECONSTRUCTION RESOLUTION NO. 84-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO THE EGLEY AVENUE RECONSTRUCTION PROJECT MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN TURY that Resolution No. 84-64 be adopted. Vote resulted: AYES: Councilmen Cleveland, Imperial, and Tury NAYES: Councilman Bruesch•and Mayor Taylor ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Bruesch requested that the record show that his "No" vote was cast because he felt that Egley should be completed to New Avenue and there is a portion not being widened. Mayor Taylor requested that his two "No" votes were because the improvements were out of the project area. IV. CONSENT CALENDAR (CC-D and CC-G) CC-A APPROVAL OF FINAL TRACT MAP !/43212--8530 VALLEY BLVD. CC-B AUTHORIZATION TO ATTEND CSMFOA CONFERENCE IN SAN JOSE CC-C AGREEMENT FOR DEL MAR, PHASE #2, BETWEEN CAL TRANS AND CITY OF ROSEMEAD CC-E MODIFICATION OF STREET IMPROVMENT CONTRACT FOR STRATHMORE (AS CORRECTED) CC-F AWARD OF BID FOR RELOCATION OF ZAPOPAN PICNIC SHELTERS CC-H CLAIM AGAINST'1THE CITY ON BEHALF OF GEORGE MARTIN CC-I AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES EMPLOYEE RELATIONS INSTITUTE, JANUARY 23-24, 1985 CC-J AGREEMENT FOR SALES TAX AUDIT AND INFORMATION SERVICES MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CLEVELAND 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-D APPROVAL OF EXPANSION OF COMMERCIAL REHABILITATION TARGET AREA MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN BRUESCH that the.expansion of the Commercial Rehabilitation Target area be approved. Vote resulted: AYES: Councilmen Bruesch, Cleveland, Imperial, and Tury NAYES: Mayor Taylor ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. CM 12-11-84 Page N5 V. MATTERS FOR DISCUSSION & ACTION A. ENGLISH LANGUAGE SIGN ORDINANCE Mayor Taylor stated that the signs should have lettering of equal size in the English Language. Councilman Bruesch stated that the signs should have an equal area in English, and questioned if the ordinance would protect the DBA's. Robert Kress, City Attorney stated that this ordinance has tried to address the problem of DBA's and it does not have to have a word for word translation; however, the activity being undertaken in the premises has to be identified in English. He stated that he would bring another draft of this ordinance to the next meeting and he would attempt to deal with the size of the lettering. Councilman Imperial stated that the English language is the language of this country, and he felt that the signs should be in English; however, if a smaller area is designated for a foriegn explanation,he would not object, Councilman Tury felt that the English Language should be the official language in the United States and we should work with ex-Senator Hayakawa on that; however, the Constitution should be protected as well as our personal likes or dislikes. Robert Kress, City Attorney, stated that he would be happy to bring back a couple of options. Councilman Imperial requested that the City Attorney come back with more than just two cities that can be used for refer- ence. He stated that he did not agree with a 50/50 sign, but would agree to a 75/25 sign. B. FRONT YARD PARKING ORDINANCE The following Ordinance was presented for introduction: ORDINANCE NO. 575 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD. PROHIBITING PARKING OF MOTOR VEHICLES IN FRONT YARD AREAS MOTION BY. COUNCILMAN TURY, SECONDED BY COUNCILMAN CLEVELAND that Ordinance No. 575 be introduced on its first reading and the reading in full be waived. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. VI. MATTERS FROM OFFICIALS A. Councilman Bruesch commended the staff on their prompt action on the Alpha Beta wall. B. Councilman Tury requested that information regarding senator Hayakawa''s organization to amend the constitution;to make.the'English language-the official language in the U. S. be brought back to the next meeting. C. Councilman Cleveland commented on the Council Meeting date of December 26th. Robert Kress, City Attorney, stated that the City Clerk can post a notice stating that there will not be a quorum anticipated for the 26th and that the meeting will be continued to January 8, 1985 at 8:00 p. m. D. Mayor Taylor requested a five year crime statistic. Frank G. Tripepi, City Manager, stated that would have the five year statistics to go along with the study session to consider of Conflex or Dedicated Police service. CM 12-11-84 Page H6 Mayor Taylor stated that his request was the five year crime statistics for the City of Rosemead. Frank G. Tripepi, City Manager, stated that he would get that information, calls for service, for the City Council. Councilman Tury stated that he felt that there were some mis- leading statements made regarding a certain section of this City, and he wanted to see some of the crime figures on that particular section of the City. He requested that this information be gathered at the same time as the calls for service. Mayor Taylor stated that a few years ago the Sheriff's Depart- ment had a report which was broken down into areas and what the different crimes were and what areas they were committed. Councilman Bruesch commented on the rumors that the Jr. Market has been selling liquor to minors, and he wanted to know if there were any reported crime statistics on that particular liquor market. VII. ORAL COMMUNICATIONS A. The President of the Senior Citizen Sight Council in Rosemead, congratulated the City Council for being so considerate of the senior citizens. He stated that he had heard that the Dial-a-Ride Contract was being changed and was happy to hear that since the current service has not been good. B. The representative from Congressman Martinez's Office wished everyone a happy holiday. C. Mayor Taylor recessed the Council Meeting to a closed executive session. The Council Meeting reconvened from the closed session. The City Attorney, Robert Kress, stated that the City Council met in a closed session with the City Attorney and the right-of-way acquisition agent to discuss the acquisition of replacement parking that will be taken as part of the Del Mar Improvement Project. The Council gave the negotiator the authority to discuss certain options with property owners. There being no further business to handle the City Council Meeting was adjourned to the next regular meeting on December 26, 1984 at 8:00 p. m. Respectfully submitted: ~.P,Gy ~7.r-rGlc.uic.9„J C' y Clerk APPROVED: MAY CM 12-11-84 Page M7