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CC - 02-28-84• • MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL FEBRUARY 28, 1984 AT 8:00 P. M. 'EA CI,y rCS 0-,, The Regular Meeting of the Rosemead City Council was called to order by Mayor Cleveland at 8:10 p. m., in the Council Chambers of City Hall, 8838 E. Valley Blvd., Rosemead, California. The Pledge to the Flag was led by Councilman Tury. The Invocation was presented by Reverend Juedes: ROLL CALL OF OFFICERS: Present: Councilman Imperial, Taylor, Tury and Mayor Cleveland Absent: Councilman Cichy APPROVAL OF MINUTES: FEBRUARY 7, 1984 - Adjourned Meeting MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that the.Minutes of the adjourned meeting of February 7th, 1984 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: FEBRUARY 14, 1984 - Regular Meeting MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY that the Minutes of the regular meeting of February 14, 1984 be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Frank G. Tripepi, City Manager, requested that the City Council, City Attorney and City Clerk to go into a close session. Councilman Taylor inquired if this was the Executive Session that was listed at the end of the Agenda. The City Manager stated that it was Item VI-A of the Agenda. There being no objection, the Council recessed to a closed session. The Council reconvened from the closed session. Robert Kress, City Attorney, stated that the City Council met in a closed session. They received a report regarding an on- going investigation in a law enforcement matter, and no action was taken by the City Council. II. PUBLIC HEARING A. PUBLIC HEARING TO CONSIDER A ZONE CHANGE FROM C-3"D" TO C-3, WHICH WAS REQUESTED BY SEPULVEDA PROPERTIES FOR LOT 1, OF TENTATIVE PARCEL MAP #15961 AND THE ENVIRONMENTAL NEGATIVE DECLARATION. .The Mayor stated that the Public Hearing was open and in- quired 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 IMPERIAL that the Negative Declaration be accepted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CM 2-28-84 Page kl The following Ordinance No. 565 was presented for intro- duction: ORDINANCE NO. 565 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD REMOVING THE DESIGN OVERLAY ZONE FOR PROPERTY LOCATED AT POMONA FREEWAY & SAN GABRIEL BLVD., ROSEMEAD, CALIFORNIA MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY that Ordinance No. 565 be introduced on its first reading and the reading in full be wiaved. 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. 563 - RELATING TO COLLECTION OF RUBBISH REMOVAL CHARGES ORDINANCE NO. 563 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD RELATING TO THE COLLECTION OF RUBBISH REMOVAL CHARGES MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN IMPERIAL that Ordinance No. 563 be adopted. Vote resulted: Imperial, and Mayor Cleveland Whereupon the Mayor declared said motion duly carried and so ordered. AYES: Councilmen Tury, NAYES: Councilman Taylor ABSENT: Councilman Cichy ABSTAIN: None Councilman Tury requested that the memorandum prepared by the City Attorney explaining the fact that late charge is a one time charge and not a commulative charge be part of the minutes and also attached to the Ordinance. M E M O R A N D U M TO: HONORABLE MAYOR AND CITY COUNCIL FROM: CITY ATTORNEY RE: MODERN SERVICE DATE:- - FEBRUARY 23, 1984 Councilman Tury requested clarification of the late payment fee. The late payment fee applies only to months of service that are not paid for within 30 days of the services, i.e. January service must be paid by the end of February or the sum of $2.00 is added one time only to the regular monthly charge. Thus, if paid on time, the monthly charge to a single family household is $5.24. If not paid on time, the charge for that month becomes $7.24, but does not increase beyond the one-time penalty. At the time that the agreement was signed on Wednesday, I clarified that this is the understanding of both Mr. Andrews and Mr. Griegorian. CM 2-28-84 Page N2 • B. ORDINANCE NO. 564 - RELATING TO REQUIREMENT FOR COUNCIL CANDIDACY AND OFFICEHOLDING ORDINANCE NO. 564 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD RELATING TO REQUIREMENTS FOR COUNCIL CANDIDACY AND OFFICEHOLDING MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY that Ordinance No. 564 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. C. RESOLUTION NO. 84-12 - FERN SCHOOL SPORTS COMPLEX RESOLUTION NO. 84-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO THE FERN SCHOOL SPORTS COMPLEX MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN TAYLOR that Resolution No. 84-12 be adopted and the Cooperation Agree- Agreements between the Garvey School District and the City and the Redevelopment Agency and the City. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. D. RESOLUTION NO. 84-15 - APPOINTMENT OF CCAC TO REPRESENT CITY VS..COUNTY OF LOS ANGELES RESOLUTION NO. 84-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AUTHORIZING CALIFORNIA CONTRACT CITIES ASSOCIATION TO REPRESENT IT IN NEGOTIATIONS WITH COUNTY OF LOS ANGELES MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN TAYLOR that Resolution No. 84-15 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. E. RESOLUTION NO. 84-14 - CLAIMS & DEMANDS RESOLUTION NO. 84-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF $406,139.64 NUMBERED 8833-8863/8564 THROUGH 8679 INCLUSIVELY MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that Resolution No. 84-14 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-C & CC-E deferred). CC-A REQUEST APPROVAL OF THE 1984-85 BUDGET CALENDAR CC-B DELTA/WELLS PROJECT--AWARD OF CONTRACT CC-D RENEWAL OF SIGNAL MAINTENANCE CONTRACT CC-F SANITARY SEWER--EMERSON PLACE--PLANS & SPECIFICATIONS APPROVAL AND AUTHORIZATION TO SEEK BIDS MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY 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. CM 2-28-84 Page #3 CC-C REQUEST OF WAIVER OF FEES BY CHAMBER/BIG T CARNIVAL AND CIRCUS VARGAS Councilman Taylor inquired about the waiver of fees. He stated that he knew fees were waived for the PTA and the Boys Scout Fireworks booths. Frank G..Tripepi, City Manager, stated that some fees had also been waived for the Chamber in the past. He stated that both.of these items are in conjunction with the City's Silver Anniversary-Celebration. Councilman Tury stated that since the City funds a large portion of the Chambers operation, it would be like charging a fee to a quasi agency. He had:no problem with the waiver of fees. Councilman Taylor inquired of the City Attorney if waiving fees of this nature is allowed in the Municipal Code. Robert Kress, City Attorney, stated that it was an inherent power and nothing specific. He agreed with Councilman Tury in that a fee could be charged and then in the next motion allow a subsidy in this amount. Clearly State Law provides for City par- ticipation in Chamber activities. Councilman Taylor stated that he did not question the parti- cipation at all, however, he did request a memorandum stating an exemption within the City's Ordinance. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN IMPERIAL that the fees be waived for the Chamber of Commerce for the Big T Carnival and Circus Vargas. Vote resulted: AYES: Councilman Imperial, Tury and Mayor Cleveland NAYES: Councilman Taylor ABSENT: Councilman Cichy ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Taylor stated that the reason for his "no" vote was not on the discussion that had taken place, but he voted "no" on the carnival being held.at the Parkgrounds. CC-E APPROVAL OF SPECIFICATIONS REGARDING STREET SWEEPING CONTRACT AND AUTHORIZATION TO SEEK BIDS Councilman Tury requested that Walnut Grove be posted and . swept on the normal street sweeping days of the residential areas. He requested that the 8% increase be changed to the CPI not to ex- ceed 8%. The maximum would be the CPI, but not to exceed 8%. Councilman Taylor stated that he would like item 4. deleted if possible. Robert Kress, City Attorney, stated that the cover letter does not fit the specifications. He stated that the top of the last page which starts with Annual Adjustment makes it very clear that this increase would be a Council decision and it is up to 8%. He felt that the increase should not be tied to CPI, and if the Contractor is doing a good job and the Council wants to keep him, there would be no need to go out to bid on an annual basis. The Council may want that.kind of purchasing authority. It would not necessarily be 8%. The increase could be 0% if that is what the Council decides, and if the Council and the Contractor cannot reach an agreement, then. the contract will be sent out to bid. Frank G. Tripepi, City Manager, stated that in item 4. the word "staff" is a typo and should be "Council", and on the last page of the specifications it should read: The contractor pro- poses to provide the same level and quality of service at a price which is mut'ally agreeable to both parties. CM 2-28-84 Page #4 Councilman Taylor commented on item 1. of the memo and that the word "five" be changed to "three" years, and add to the end of the sentence, the words: and provide a list of references for the past three years. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that the Bid Specifications as amended be approved and authoriza- tion to seek bids be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION & ACTION A. INDEPENDENT OUTDOOR ADVERTISING John Carmona, Planning Director; presented the staff report which had three alternatives for consideration. Councilman Tury stated that there are actually nine signs involved instead of the eight listed, and he would prefer Alter- native #2. Councilman Imperial requested that the City Manager check into the cost to the City for a total buy out. Councilman Taylor felt that there should be a consistency in the Ordinance regarding the other signs as well as these small signs. Brian McInerney, Independent Outdoor Advertising, spoke on behalf of the sign company, and stated that there are two ways for the City of Rosemead to have the signs removed. One is to pay them, an amount that is agreed upon and the other.is to agree that there is a time frame that they should come down and perhaps other companies will agree to that also. Councilman Taylor stated that he would not be prepared to vote on this item until there is an overall view of the consistency within the City of Rosemead of the entire program. Mayor Cleveland inquired if there was any objection to de- ferring this item until the staff has an opportunity to reach an agreement. Councilman Taylor inquired if that report would also include a review of what has been done about the billboards as far as con- sistency, and what progress has been made. item. Mayor Cleveland stated that he felt that should be included. There being no objection, it was so ordered to defer this VII. Oral Communications A. Juan Nunez, 2402 Del Mar., inquired if.the Executive Session was regarding the incident that Councilman Taylor witnessed. that. Robert Kress, City Attorney, stated that he had no comment on Councilman Taylor stated that it was, and that's all. B. Juan Nunez stated that his area is on Mondays, and most holidays are on Mondays and the street sweeper does not sweep on holidays. He inquired if there was any way that his streets could be swept on the following day. Councilman Tury stated that the contract excludes holidays and is not made up. C. Juan Nunez questioned the $2 delinquent charge on the rubbish bill for every 30 days it is delinquent. He inquired if this was on a monthly basis or a three month basis. CM 2-28-84 Page #5 0 Robert Kress, City Attorney, stated that if you don't pay for the February service by the end of March, there will be an additional $2 charge. Councilman Taylor stated that the bill for January, February and March will be received in advance. The bill for January will become delinquent at the end of February. He inquired if he would pay the bill immediately after the service rendered in January. Juan Nunez stated that he would be paying for the service immediately after it had been rendered. He stated then he would be getting service for two months and pay one month in advance. D. Holly Knapp, 8367 E. Whitmore St., inquired if the street sweepers could sweep twice on the cul-de-sac since it is more dif- ficult to sweep. She inquired why a lot of.the street sweeping signs are covered up with bags. Frank G. Tripepi, City Manager, stated that was at the re- quest of the Flood Control district and a mutual agreement with the City because there were a lot of parking spaces taken away. for the flood control project. It would be unreasonable to have those parking restrictions in force around where that project took place. It will.remain that way for the duration of that project. VI. MATTERS FROM OFFICIALS A. Councilman Taylor commented on a party disturbance that he had made reference to at the last Meeting at Olney and Delta, and he inquired if there had been any research done on that. Frank G. Tripepi, City Manager, stated that the records at City Hall had been researched and no record of a phone call was found. He stated that he had spoken to another neighbor who had mentioned that party and he was told it was about the third party that had taken place at that house in about 12 years. Councilman Taylor inquired what the date was. Frank G. Tripepi stated that he had placed a call to the Sheriff's station and there had been a call placed by a man on January 27th, and Lt. Johnston gave him some information that was prepared for this evening, and arrests were made after 12:00 midnight on Rockhold and Olney. The party was held at 2535 Olney and the Sheriffs came and dispersed the party and there was a fight on Olney, and arrests were made. Councilman Taylor requested copies of the Sheriff's report. The.City Manager stated that they were copied and ready to go, however, had not had a chance to give them out as yet. B. Councilman Taylor stated that there were several cities in the surrounding areas that are having trouble with the Water companies and the rotting out of the water pipes. The Water Dis- tricts are doubling their fees as far as the rates go, and he re- quested a map of all the water districts and the boundaries, and a report of the ages of the underground water mains in each street. within the City of Rosemead. Tom Howard stated that he would provide him with as much in- formation as possible with the Water Study that will be forthcoming. Councilman Tury stated that there are residents.who pay a flat fee and they may be upset because they are being charged for improve- ment from the mutual water district but some of those people have only been paying $5 or $3 a month for their water for the past 15 years. Councilman Taylor requested a copy of the funds available from the reserve accounts from each Water District. Frank G. Tripepi, City Manager, stated that this would not be in the water survey, however, they could request a rundown on their capital improvement program that they have had in effect for the past ten years. CM 2-28-84 Page #6 The Council Meeting was recessed to the Agency Meeting which had been recessed prior to this meeting. The Council Meeting reconvened to adjourned to the next regular Meeting of March 13, 1984 at 8:00 p. m. Respectfully submitted: Cit Clerk APPROVED: ` MAYOR CM 2-28-84 Page #7