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CC - 10-23-84.U • APPROVED CITY OF ROSE FAD I)ATF MINUTES OF THE REGULAR MEETING BY ROSEMEAD CITY COUNCIL OCTOBER 23, 1984 AT 8:00 P. M. The Regular Meeting of the Rosemead City Council was called to order by Mayor Taylor at 8:07 p. m., in the Council Chambers of City Hall, 8838 E. Valley Blvd., Rosemead, Calif. The Pledge to the Flag was led by Councilman Imperial. The Invocation was delivered by Reverend Percy Ferguson. ROLL CALL OF OFFICERS: Present: Councilmen Bruesch, Cleveland, Imperial, Tury and Mayor Taylor Absent: None APPROVAL OF MINUTES: SEPTEMBER 25, 1984 - Regular Meeting MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN IMPERIAL that the Minutes of the Council Meeting of September 25, 1984 be approved.. 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. 84-55 - CLAIMS & DEMANDS RESOLUTION NO. 84-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF $215,352.01 NUMBERED 9127-9147/12516 THRU 12598 INCLUSIVELY. MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN TURY that Resolution No. 84-55 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Mayor Taylor requested that warrant no. 12543 be held over until some of the curb addresses are checked and if the addresses are according to standard, the check will then be issued. Councilman Bruesch inquired about the group that had been going around painting curb addresses without authoriza- tion, and inquired whether the residents had their money re- funded and what the status is now. Frank G. Tripepi, City Manager, stated that he would have a memorandum prepared explaining what has happened. Councilman Bruesch inquired if Donald A. Cotton Associates had scheduled any community wide meetings for the general plan up-date. Frank G. Tripepi, City Manager, stated that the meetings have not been scheduled as yet. B. RESOLUTION NO. 84-56 - DENYING ZONE VARIANCE AND UPHOLDING THE PLANNING COMMISSIONS DECISION Mayor Taylor felt that the Resolution as presented was not appropriate, and needed some clarification as to the reason for denial of the appeal requested. He stated that he was in the area.today, and he felt that any thing that would be built on the lot would be better than how it is right now. CM 10-23-84 Page N1 Councilman Bruesch as to the fact that the primarily with the lot C. stated that he agreed with the Mayor hearing held at the last meeting dealt size and not the variance requested. Mayor Taylor requested that a member of the staff be sent down to the property have and have some photographs taken of. it felt that this would not be a precedent setting situation as Mr. Carmona made mention of only one other lot in the city that has been utilized similarly. A few lots like this would not be setting a precedent out of 14,000 residences. Councilman Imperial stated that he did not feel that this City could have the luxury of setting that kind of precedent when everything is being done to try to beautify this City, and he did not feel that this was the way to do it. Councilman Tury requested that the Resolution be sent back to have the size of the lot mentioned in it. Mayor Taylor requested that Mr. Carmona research this and bring back to the council a list of properties which are of this size and.showing that it would not be a precedent setting action. He Councilman Tury requested information regarding the develop- ment of the R-2 lot that is immediately in back of this property. This item was deferred to the next meeting. IV. CONSENT CALENDAR (CC-A, CC-C & CC-F deferred) CC-B PARKING & LOADING ZONES - WILLARD SCHOOL CC-D 7851 GARVEY AVENUE - LIMITED PARKING CC-E ACCEPTANCE OF NEWMARK CC-G AWARD OF CONTRACT/PEDESTRIAN CONTROLLED SIGNAL 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-A TRAFFIC.COMMISSION GUIDELINES After much discussion by the Councilmembers of the Traffic Commissions Guidelines, it was the consensus of the Council that those items where Council or Commission action is not required, should be reviewed further. Councilman Imperial made a motion that the Traffic Com- mission Guidelines remain the same and they retain their pre- sent system and.the Mayor seconded the motion. No vote was taken. MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CLEVELAND that this item be deferred to the next meeting for the preparation of guidelines that would be more clearly de- fined and maintain the status quo. :Vote resulted: AYES: Councilmen Bruesch, Cleveland, Imperial and Mayor Taylor NAYES: None ABSENT: None ABSTAIN: Councilman Tury Whereupon the Mayor declared said motion duly carried and so ordered. CC-C PARKING CITATION FINES Councilman Tury stated that he felt that $18 for street sweeping fines was too high, and increasing them to $23 is really out of line for street parking violation. He added that he had no problem with the other two. In fact he felt that the.-fine.for parking in the parkway should be increased. CM 10-23-84 Page H2 0 0 There was discussion as to the actual meaning of parking in the parkway. Robert Kress, City Attorney, suggested that this item be deferred and returned to the,next meeting for further clari- fication. There being no objection, this item was deferred to the next meeting. CC-F APPROVAL OF PROPOSAL FOR PLANS & SPECIFICATIONS FOR 1984 SLURRY SEAL PROGRAM Mayor Taylor inquired if the $2500 for the plans and speci- fications is for the entire slurry seal program. Tom Howard, Deputy City Engineer, stated that it was for the entire program. Mayor Taylor inquired if the cost for surveying of $1250 per day for 2 days and the Construction Administration, Construc- tion Observation and Material Testing,at $700 a day for a maximum of 9 days was the cost of the complete slurry seal program of 1984. Mr. Howard stated that this covered the entire program,-Which is one project,is for the total year. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN BRUESCH that the proposal and authorization to proceed with the program be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Bruesch requested a copy of how the slurry seal program has progressed in the past few years. Tom Howard stated that the last slurry seal program was done in 1982 and he would present the Council with the back- ground of that year and prior years. V. MATTERS FOR ACTION & DISCUSSION A. PLANNING COMMISSION APPOINTMENT/DECOCKER & LOWREY MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CLEVELAND that Robert DeCocker and Marvin Lowrey be reappointed as.Planning Commissioners for a period of two years. Vote re- sulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. B. STATUS REPORT ON WINDOW ON WASHINGTON CONTRACT Frank G. Tripepi, City Manager, stated that Mark Hanna- ford had indicated that no changes had been made relative to the UDAG regulations and he respectfully requested that his contract not be extended by mutual accord, and expressed his best wishes to the.Council. UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN BRUESCH that the Window on Washington Contract be terminated. Vote resulted: C. SOUNDWALL Councilman Imperial commented on that the portion under discussion is the portion of the City of Rosemead that does not have a soundwall. He recommended that instead of the City waiting until the State Budget and Caltrans gets around to it to build it, that the City have this section of the soundwall built to protect those homes and citizens in that area and then request reimbursement for the expenditure from the State. CM 10-23-84 Page #3 • • Councilman Tury stated that he agreed with Councilman Imperial's intent; however, he wanted to have more information first if possible. He wanted-to know how long the City would have the money invested and what the loss in interest for the City would be and what impact that would have on the budget. Mayor Taylor stated that he agreed with Councilman Imperial; however, he too would like a definite proposal. He wanted a con- firmed budget figure from the State. Councilman Bruesch inquired if it was true that the soundwall has been budgeted by the State and that money has been allocated for it. Mayor Taylor stated that it has been on the books for some years now; however, only as a priority listing and that has been changed because someone else has been screaming a little louder at times. Councilman Tury stated that he was curious to see what is going to happen when and if Proposition 36 passes next month, and what effect that would have on Caltrans in funding these soundwalls. He wanted to know all of the ramifications if pro- position 36 passes. Councilman Imperial stated that he had no problem in investi- gating prior to investing. He stated that there were two things to find out. First what is it going to cost the City and then what impact financially it will have on the City, and why the date of construction of the soundwall in Rosemead is continually moved further away. This item was deferred for additional information. VI. MATTERS FROM OFFICIALS A. CONTRACT CITIES POSITION ON USE OF PROPOSITION "A" FUNDS Councilman Tury stated that at a joint meeting between the County-City Contracts Committee and the City Managers' Committee which he had attended a presentation was made on the liberaliza- tion of restrictions on the use of Proposition "A" Funds. At that time it was suggested that a:_.portion`of..these_funds_be.used. for street maintenance for those cities without a transportation system. He requested that the City Council approve this concept. Councilman Bruesch stated that he agreed with.Councilman Tury; however, he felt that the smaller cities should have, when Proposi- tion "A" came out, gotten together as RTD and as L. A. did, and gotten a piece of that pie. He stated that he did not want RTD to get all the City's money, either. Councilman Imperial stated that the impact on Hellman where the RTD bus stops creates a need for repair much more often. He felt that a portion of the funds being spent on street repair would help rectify that type of situation.. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN IMPERIAL that Council concur with the Contract Cities recommendation and allow the City Manager to work toward this at no cost to the City. Vote resulted: AYES: Councilman Cleveland, Imperial, Tury and Mayor Taylor NAYES: Councilman Bruesch ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Bruesch requested that the record show that although he is in favor of this particular argument, he has such a strong feeling about public transit that he would prefer that this type of money not be used_for street purposes. CM 10-23-84 Page #4 Mayor Taylor requested that the record show that he opposes the diverting of the funds for another use other than the intent of Proposition "A", but he wholeheartedly supports the City of Rosemead being entitled to their fair share of all funds that were collected from sales tax. B. Robert Kress, City Attorney, stated that he had pre- sented the Council with a lengthy Supreme Court opinion regard- ing the posting of signs on Utility poles. He stated that the City has had Joe Held enforcing the ordinance by tearing these signs down. The Supreme Court's decision states that there is no right to use public property in that way if the City Council adopts an ordinance. C. Frank G. Tripepi, City Manager, stated that usually the City declares General Election Day as a holiday and he recommended that election day as a holiday for staff be exchanged for the day after Thanksgiving. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN IMPERIAL that Election Day as a Holiday for staff be exchanged for the day after Thanksgiving. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. C. Mayor Taylor inquired if there was a report on the Storm Drain situation. Tom Howard, Deputy City Engineer, stated that he thought it might be a trunk sewer; however, checking the records there is not a trunk sewer in there. He is not quite sure what the problem is. Mayor Taylor stated that some residents who lived on Fern Avenue stated that approximately 20 years ago that street was torn up with a large excavation and a pipe big enough to walk through. This excavation stopped about 200' east of La Presa. It was to continue down south, but it just stopped at that point. Mayor Taylor wanted to know what that pipe is that is down there. D. Mayor Taylor inquired what the status is on the Nomura case, and requested that it be placed on the Agenda under Status Reports each time to keep track of it. Frank G. Tripepi, City Manager, stated that it will be listed on the Agenda, and there are two dates in November, and he would check with the Council to see which would be more convenient. He had a meeting with Commander Hammigren and the report from the Sheriff's Department is completed and is being reviewed administra- tively by the Under-Sheriff and as soon as he gives it his stamp of approval it will be available for us. Mayor Taylor stated that in the draft, report to Commander Hammigren there were dates missing in that five years so he asked the City Manager to check them again. The City Manager stated that he would recheck them. E. Mayor Taylor commented on the Klingerman Bridge and the rusting that is taking place. The screen that was placed on the bridge is a steel frame which is also rusting. This will continue to oxidize, and he felt that it should be painted. He stated that if the Council wants,that can be brought back and painting can be directed by the Council. Frank G. Tripepi, City Manager, stated that this item will be brought back to the.Council for final acceptance. VIII. ORAL COMMUNICATIONS A. Bonnie Culbertson, Chamber Manager, thanked the Councilman and staff for attending the Planning Conference in Solvang, and stated that it was enjoyed by the Chamber Board Members and gave them a chance to get to know one another better. She added that the installation Dinner would be November 1, 1984 and Joan Hunter will be installed as President. CM 10-23-84 Page H5 0 The Council Meeting was recessed to a closed session. The Council Meeting reconvened from a closed session. The Mayor stated that the acquisition of property was discussed for the Del Mar Street Improvement Project.and it was authorized that appraisals be made. There being no further business, the City Council Meeting was adjourned to November 13, 1984 at 8:00 p. m. Respectfully submitted: APPROVED: C y Clerk MAYOR CM 10-23-84 Page #6