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CC - 03-27-84APyy . Yt~2`7.1Ls" vIU) CITY G IlCS , ti..s.il~ MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL MARCH 27, 1984 AT 8:00 P. M. The Regular Meeting of the Rosemead City Council was called to order by Mayor Cleveland at 8:15 p. m., in the Council Chambers of City Hall, 8838 E. Valley Blvd., Rosemead, California. The Pledge to the Flag was led by Councilman Imperial. The Invocation was delivered by Reverend Walt Jackson. ROLL CALL OF OFFICERS: Present: Councilmen Cichy, Imperial, Taylor; Tury.and Chairman Cleveland Absent: None APPROVAL OF MINUTES: March 13, 1984 - Regular Meeting UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. PRESENTATION: Willie Mc Neil The City Council presented Mr. Willie McNeil a Resolution of Commendation for giving time and energy.to the City of Rose- mead as Chairman.of the Rosemead Chamber of Commerce and as. Manager of.the Rosemead Branch of the Bank of America. He will be returning to the Baldwin Park Branch of the Bank of America. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY that the Council Minutes of March 13, 1984 be approved. Vote resulted: Frank G. Tripepi, City Manager requested that the Council recess to a closed session. The City Council reconvened from a closed session. Robert Kress, City Attorney, stated that the City Council met in a closed session with a representative of the Los Angeles District Attorney's office and received a report from Mr. Ortega. No action was taken. 1. ORAL COMMUNICATIONS A. Bonnie Culbertson, Rosemead Chamber of Commerce, presented the Council with a new Community and Business Directory, and stated that they would be available at the Chamber Office to any of the residents of the City., B. Ciro Sepulveda, 3120 N. Burton, inquired if there were plans to place gutters on Fern Street. He stated that there is water constantly running and brings garbage through the street when it rains, and mentioned that there is a nursery that brings chemicals into the street and some residents in that area feel that they are suffering from health effects of those chemicals. He stated that he-has been told that residents have requested that gutters be placed there for several years, and were promised that something would be done in the future regarding that problem. Tom Howard, Assistant City Engineer, stated that currently the City does not have any definite plans, however, it might be brought up in the next budget sessions. Councilman Imperial requested that some research be done on the comment made by Mr. Sepulveda regarding. the fact that residents have requested curbs on that street for years, and whatever infor- mation on record be presented to the Council. CM 3-27-84 Page #1 C. Don Smith, 3120 Rosemead Place, inquired about the street markings on Walnut Grove just south of Marshall Avenue, more specifically the left turn lane on the westbound freeway. He stated that it was a hazard as the arrow points to off-ramp instead of the on-ramp of the freeway since the off and on-ramp are right next to each other. He felt that the line should be extended about 30 feet further. Councilman Tury requested next Traffic Commission Agenda problem. that this item be placed on the so that they can check out the II. PUBLIC HEARINGS PUBLIC HEARING TO DISCUSS CITY'S 1984-85 APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Mayor Cleveland opened the Public Hearing and inquired if there was anyone in the audience who would care to speak re- garding this matter. Al Warot, Manager of the Planning Services Department, presented the 1984-85 CDBG Program and explained the differences between this year's program and the other year's. He stated that one of the additional activity for the coming year would be the intersection beautification improvement at the intersection of Valley and Rosemead Boulevard. It_would include installation of decorative crosswalks as well as handicap ramps to compliment the hoped for commercial rehabilitation of private properties in that area. Mayor Cleveland inquired if there was anyone in the audience who would care to speak on this project. No one else came forward. The Public Hearing was closed. Councilman Tury stated that he supports the program, however, he does have a problem with the decorative crosswalks. He felt the handicap ramps are fine, but he felt that the crosswalks that were used on Garvey were a disaster and those funds should be use for something else. Councilman Taylor agreed with Mr. Tury regarding the stamped concrete crosswalks and he also agreed that the handicap ramps are a real necessity. Councilman Taylor requested copies of the guidelines and regulations of the County Community Development Commission and the Federal Department of Housing and Urban Devel- opment. He specifically wanted copies of the portion which actually allow the rebate and the rental improvement. He understood that last year it was necessary that they be owner occupied and single family dwellings. Al Warot stated that as the Residential Rehabilitation Program is currently structured, assistance is being provided only to owner occupied single family residences. Councilman Taylor stated that the proposed Residential.Rehabi- litation program includes the establishment of a Rental Rehabili- tation Program and a Residential Rebate Program. Al Warot stated that this is only a suggestion at this point. Councilman Taylor commented on a as far as limited income, but cannot ilitated her home because she placed Deed and now, it is being considered sidential units. He felt that somet home owners and not the landlords. elderly lady who qualifies receive assistance in rehab- her sons name on the Grant to assist landlords with re- 7ing should be done to help Frank G. Tripepi, City Manager, stated that the problem is with the HUD Guidelines and copies will be prepared for the Council. CM 3-27-84 Page #i2 • 1 Councilman Taylor stated that there are good aspects to this program, however, there are other aspects that he cannot go along with. Councilman Cichy agreed with the issue regarding the cross- walk, however, he felt that with the redoing of.Valley and Rose- mead Boulevard will help the business people in this City. This is a worthwhile and vital program that is needed. Councilman Tury agreed with Mr. Taylor regarding the rental property to have that point excluded from the program, however, he felt that now the business district can use a little shot in the arm and this is a way of doing it without any kind of long bonded indebtedness, or condemning houses. Councilman Taylor stated that he felt that all five of the Council agrees with the intent of the program. Councilman Imperial stated regarding the lady that Councilman Taylor was referring to and he felt that in every project that there could be exceptions made in the policy. He inquired if it was ever looked into or not if an exception could have been made. Councilman Taylor stated that it had been looked into twice thoroughly. Councilman Imperial requested that the City Attorney look into this to find a reasonable way that this could be achieved. MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN TURY that the 1984-84 CDBG Program be approved and amended with the deletion of the decorative intersections and the rehabi- litation of rental properties. Vote resulted: AYES: Councilmen Cichy, Tury, Imperial and Mayor Cleveland NAYES: Councilman Taylor ABSTAIN: None ABSENT: None Whereupon the Mayor declared said motion duly carried and so ordered. B. PUBLIC HEARING TO CONSIDER ZONE CHANGE FROM R-3 TO R-1 ON LOT 7, TRACT 10195, ON NORTH SIDE OF STEELE, 8709 STEELE. Mayor Cleveland stated that the Public Hearing was open and inquired if there was anyone in the audience who would care to speak regarding this subject matter. No one came forward. The Public Hearing was closed. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY that the Negative' Declaration be accepted and that the Zone Change from R-3 to R-1 on property located at 8709 Steele St. be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. The following Ordinance No. 566 was introduced on its first reading: ORDINANCE NO. 566 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING A ZONE CHANGE FOR PROPERTY LOCATED AT 8709 STEELE STREET, ROSEMEAD, CALIFORNIA. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY that Ordinance No. 566 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 3-27-84 Page #3 III. LEGISLATIVE A. RESOLUTION NO. 84-17 - CLAIMS & DEMANDS RESOLUTION NO. 84-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF #393,884.16 NUMBERED 8877-8896 / 8787 THROUGH 8920 INCLUSIVELY MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN IMPERIAL that Resolution No. 84-17 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-A, CC-B, CC-I & CC-J) CC-C APPROVAL CC-D APPROVAL CC-E APPROVAL CC-F APPROVAL IMPROVEM OF OF OF OF ENT. TRACT TRACT TRACT PLANS 3 AND #42946--3416-3422 MUSCATEL #42930--3127 MUSCATEL #15991--3409 IVAR & SPECIFICATIONS FOR ALLEY kUTHORIZATION TO SEEK BIDS CC-G AUTHORIZATION REQUESTED TO ATTEND MUNICIPAL CLERKS INSTITUTE IN SAN DIEGO, MAY 20-24, 1984 MOTION BY COUNCILMAN TURY, 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-A AWARD OF CONTRACT FOR STREET SWEEPING Councilman Taylor commented on the Annual Adjustment Section of the specifications of the Street Sweeping Agreement, and inquired how this contract would go out to bid again if the three conditions are met by the contractor. He felt that the word "shall" was manda- tory and that should be changed to "may" in the first sentence. Robert Kress, City Attorney, stated that he felt that the con- tract could go out to bid any time and the contract is cancellable with a 30 day notice. He did agree that the word "shall" should be changed to "may" in the first sentence of the Annual Adjustment por- tion of the specifications. Councilman Imperial commented on 11(d) of the Agreement and requested that his comments be a matter of record on this subject: He stated that he knew of three different accidents where a street sweeper and citizen of the community was involved and he does not feel that the citizen was given proper consideration. He felt that a Hearing or something should be setup between the City and R. F. Dickson to determine what should be done for the citizen in- volved. In the one case he was convinced that the R. F. Dickson truck was wrong, however, the people were so disgusted that they finally said "forget it". The R. F. Dickson people held the City harmless. He felt that the citizens had their rights.violated since they had no imput to the City, and he requested some mechan- ism set up where this won't happen again. He stated that he does not have a.problem with their contract, nor their work, however, he does have a problem with that. He felt that it is not only the City's obligation to keep the streets clean for the community, but to protect their rights. Councilman Taylor inquired if these incidents were sent to the City. Frank G. Tripepi, City Manager, stated that they.were not presented as a claim against the City. One out of the three was sent in as a claim, but was denied as the normal process. He stated that R. F. Dickson is required to have insurance carriers and they would be the ones to decide if any payments are to be made on behalf of the company. CM 3-27-84 Page #4 Councilman Imperial stated that R. F. Dickson is an employee of this City, and we contract with them to sweep our streets. He felt that the City should protect the citizens, and that some mechanism should be set-up to do that. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY that the Street Sweeping Contract as amended be awarded to R. F. Dickson Company. Vote resulted: AYES: Councilmen Imperial, Taylor, Tury and Mayor Cleveland NAYES: Councilman Cichy ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. B. MODERN SERVICE--FINAL PAYMENT OF DELINQUENCIES FOR UNPAID BILLS FROM JULY 1, 1983 TO DECEMBER 31, 1983 Councilman Tury inquired if this was the final delinquent list for Modern Service that the City is responsible for. Frank G. Tripepi, City Manager, stated that it was the final payment per the settlement of the Agreement between the City and Modern Service Company. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY that the unpaid delinquent bills be paid to Modern Service for the final time. Vote resulted: AYES: Councilman Cichy, Imperial, Tury and Mayor Cleveland NAYES: Councilman Taylor ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. CC-I AWARD CONTRACT--HOME IMPROVEMENT--8729 LOFTUS DRIVE CC-J AWARD CONTRACT--HOME IMPROVEMENT--4232 ARICA STREET Councilman Taylor stated that CC-I and CC-J could be handled together since it is part of the low interest program that he has objected to in the past, and he requested that the record show that he is not voting against these residence only against the amount of funding that has to be used for them. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY that CC-I and CC-J be approved. Vote resulted: AYES: Councilmen Cichy, Tury, Imperial, and Mayor Cleveland NAYES: Councilman Taylor ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Imperial wanted the record to show that although his vote was "yes" on the Home Improvement Program, he did not agree with the funding. V. MATTERS FOR DISCUSSION & ACTION A. GARVEY SCHOOL DISTRICT REQUEST FOR WAIVER OF FEES FOR CONDITIONAL USE PERMITS MOTION BY COUNCILMAN IMPERIAL, SECONDED BY,COUNCILMAN CICHY that all fees be waived associated with the Garvey School District's CUP Application and request for vacation relating to the construc- tion of Newmark School. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Taylor commented on the memorandum presented to the Council from the City Attorney stating that he saw no problem with the waiver of fees, however, he requested.that an amendment to the Code clarifying this action. He felt that there should be guidelines included in the Code. CM 3-27-84 Page #5 Robert Kress, City Attorney, stated that he would include that in the code revisions that will be presented to the Council. B. FANTASY RESTAURANT & NIGHTCLUB, DANCE & ENTERTAINMENT PERMIT Frank G. Tripepi, City Manager, stated that the Planning Com- mission had approved the CUP for a period of one year with sixteen conditions and had been agreed upon by the,applicant. He stated that it was recommended that the Dance and;Entertainment Permits be approved with four additional conditions along with the sixteen conditions that were imposed by the Planning Commission. Councilman Imperial stated that he had previously been opposed to the operation with the previous owner, however, after checking out this operation, he felt that this would be a nice family type restaurant which would be conducive to the citizens of Rosemead. Joshua Kaplan, Attorney for Mr. Thani, stated that they have agreed with all.the conditions that the Planning Commission has recommended and the conditions that Mr. Tripepi suggested are also agreeable. He felt that this will be a wholesome environment and a fine addition to the City, and a marked improvement over the managerial control and the structure and the venue of what it was in the past. Councilman Taylor inquired about the conditions which are stipulated for a period of one year, and what will happen after that one year period. Robert Kress, City Attorney, stated that would be covered in #i14 of the conditions. Councilman Taylor inquired about condition ##11 which requires the minimum of 6 security guards, and felt that was a lot to hire for security purposes, however, for a period of one year it may not matter. It is a burden on any business. Joshua Kaplan, Attorney, expressed appreciation to Mr. Taylor for his sentiments, and in the spirit of compromise they would be willing to bear that expense for one year in the hopes that the City will see that this operation is going to be run very smoothly. Councilman Taylor requested that that particular item be re- viewed quarterly at the Council level with Sheriff's reports and after three months there should be a definite idea of what type of clientel is coming in. The following.iResolution No. 84-18 was presented for adoption: RESOLUTION NO. 84-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD UPHOLDING THE DECISION OF THE HEARING OFFICER AND GRANTING A DANCE'PERMIT AND ENTERTAINMENT PERMIT FOR THE FANTASY RESTAURANT AND NIGHTCLUB MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CICHY that Resolution No. 84-18 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Tury wished his collegues success in the up-coming election. Councilman Taylor inquired about the Dial-a-Ride reports and stated that he had not seem them since the Contract had been changed. Frank G. Tripepi, City Manager, stated he would get them together for the Council. CM 3-27-84 Page #i6 • PJ Councilman Taylor requested a copy of the 1982 State Report on Lobbying, and he stated it is a booklet put out by the Fair Political Practices Commission. VII. ORAL COMMUNICATIONS A. Holly Knapp, 8367 Whitmore Street, commented on the Handyman Program and the qualified people who cannot get help because their children are on the Grant Deed of their homes. She stated that she had understood that if these people would put their title under a Living Trust Deed instead of putting their children's name on it, they could probably work around this problem. Councilman Taylor thanked Holly and requested that staff could check a report back to the Council to help problem. There being no further business Meeting was adjourned to the next re 1984 at 8:00 p. m. Knapp for the suggestion, this out and get it into find a solution to this to handle, the Council ,Yular Meeting of April 10, Respectfully submitted: APPROVED: City C erk M R i CM 3-27-84 Page #7