CC - Item 3D - Urgency Ord _ Amending The Rosemead Municipal code By Deleting The Requirement OF Curb, Gutter, And Sidewalk Installation For Construction Projects4~
TO: HONORABLE MA`
AND MEMBERS O
ROSEMEAD CITY
FROM: FRANK G. TRIPEP_
DATE: JUNE 13, 2000
SUBJECT: URGENCY ORDINANCE NO. 808 - AMENDING THE ROSEMEAD
MUNICIPAL CODE BY DELETING THE REQUIREMENT OF CURB,
GUTTER, AND SIDEWALK INSTALLATION FOR CONSTRUCTION
PROJECTS
Staff is suggesting repeal of the municipal code section, which mandates the construction of
curbs, gutters, and sidewalks during substantial new constructions ($10,000 or more valuation).
As the Council is aware, substantially all of the city now has curbs and gutters. As to sidewalks,
the Staff is suggesting that the city act as facilitator when neighborhoods wish to construct
sidewalks. Staff would organize meetings, provide engineering assistance, etc. This approach
would replace the current practice of requiring the installation of sidewalk in each case where
there is substantial new construction. The current policy requiring such installation has not
provided completion of sidewalks in the neighborhoods that do not have them.
The proposed amendment retains the requirement of street tree planting for new construction as
well as the enclosure of unused driveway approaches.
Staff recommends the adoption of Ordinance No. 808 as an urgency measure as several appeals
are pending to the sidewalk installation requirement and at least one occupancy permit may be
delayed if this ordinance is not immediately effective.
I have attached a copy of the existing ordinance.
RECOMMENDATION
That the City Council waive reading in full and adopt Ordinance No. 808
JUN 13 2000
ITEM e'o. D-J
ORDINANCE NO. 808
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD AMENDING THE ROSEMEAD MUNICIPAL CODE BY
DELETING THE REQUIREMENT OF CURB, GUTTER, AND SIDWALK
INSTALLATION FOR CONSTRUCTION PROJECTS.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS:
Section 1. Sections 15.04.040 and 15.04.050 of the Rosemead Municipal Code are
hereby amended to read as follows:
15.040.040 Planting of street trees; closure of driveway approaches not in use. - -
A. The City Council finds that there are areas in all zones within the city where street trees are
- - - lacking (or in such condition as to need repair or replacement). The lack of street trees is detrimental-_-~_---_- -
to the public health; safety and welfare.-The public-health, safety and welfare will be best protected----
and served by requiring the installation of street trees in instances of substantial new construction.
B. Any owner, lessee, occupant or agent constructing or causing the construction, in any zone,
of any building, dwelling, building addition or repair (whether interior or exterior), garage, carport or
other accessory building or structure (excluding swimming pools) estimated by the Building
Department on building plans to have a value of ten thousand dollars (510,000.00) or more (except
building permits for reconstruction as a result of fire damage or acts of God such as earthquakes and
storms), shall close all driveway approaches not in use or which are considered unsafe for ingress or
egress and shall install street trees in accordance with city standard, unless street trees already exist,
on the street frontage of the parcel of land on which the building or structure is to be constructed.
When public right-of-way is needed to establish street trees to city standards, the applicant shall,
prior io issuance of a building permit, submit an irrevocable offer to-dedicate the necessary street-
--frontage--_ _
C. The Director of Planning and the Building Official shall not issue a certificate of occupancy
nor accept any structure for public utility connection, nor approve any structure or improvement for
use unless and until the provisions of this section have been complied with or a bond or cash in
sufficient sums to insure the installation required in subsection B of this section is filed with and
accepted by the Planning Department of the city, or modification therefrom has been obfained,-
pursuant to the provisions of Section 15.04.050 (Ord. 764 § 2 (part), 1995: prior-code § 8104)
15.04.050 Limited modification procedure - Planting of street trees.
A. Any person desiring to obtain a modification from the provision of Section 15.04.040 may
file with the Planning Commission a written application. The Planning Commission shall give the
applicant for.such modification an opportunity to be heard if he or she so desires, and thereafter may
grant or deny the application for the modification, or may grant the same upon such conditions as the
Planning Commission deems necessary for the preservation of the safety, health or property of the
general public.
B. The Planning Commission upon such application, or on its own motion, may grant a
modification from the provision of Section 15.040.040 for one or more of the following reasons:
1. The installation of street trees, in the area involved is included in a budgeted city
project or within an approved assessment district.
2. Because of the location of the property the terrain or condition thereof, or other
similar reasons, the installation of street trees would be impractical or unnecessary or
would impose undue hardship on the owner of the property.
C. - Within fifteen (15) days after receipt of written notice of the decision of the Planning
Commission concerning such modification application, any person affected thereby may appeal to
the City Council, by filing a notice of appeal with the City Cierk.- Except in case of an appeal filed=
by a governmental body or school district, such notice of appeal shall be accompanied by a fifty -
dollar (550.00) filing fee.
----D. -Unless-the- City_ Council; within--thirty- (30) days -after. notice of. appeal has been. filed,,---
determined to grant a hearing or to refer the matter back to the Planning Commission for rehearing-
the appeal shall be deemed dismissed and the decision of the Planning Commission shall thereupon
become final.
E. If the City Council determines to hear the appeal, ten days written notice such hearing shall
'be mailed by certified mail to the appellant and to all persons who requested such notice at the time
of the hearing upon the application for modification before the Planning Commission.
F. The City Council may consider the appeal on the record, if any, made before the Planning
Commission, or de novo; and thereafter the City Council may refer the matter back to the Planning
- - - Commission for further consideration or may reverse, affirm or modify the decision of the Planning
Commission subject to the same standards and limitations imposed upon the Planning Commission
by this section. Except as herein expressly otherwise provided the decision of the City Council Shall
be final. (Ord. 764 § 2 (part), 1995: prior code § 8105)
Section 2. The City Council determines that a number of appeals to the requirements of
construction of sidewalks (current Rosemead Municipal Code § 15.04.040) are pending. In at least
-i . '-one case, an occupancy permit would-be notable to be issued pending a determination of the appeal--.. r"-;-
or repeal of the requirement. The Council further determines that absent an immediate effective date
for this ordinance, there will be a detrimental effect on the public health, safety, and welfare. For
these reasons, the public health, safety, and welfare require that this ordinance take effect
immediately.._This.is-an urgency_ordinance
Section 3. If any provision of this ordinance is held to be unconstitutional, it is the intent of
the City Council that such portion of this ordinance is be severable from the remainder and that the
remainder be given full force and effect.
Section 4. The City Clerk shall certify to the adoption of this Ordinance.
PASSED, APPROVED and ADOPTED this 13' day of June, 2000.
Margaret Clark, Mayor I
ATTEST:
City Clerk.
15.04.020
"Health Code" or "Los Angeles County
Health Code" shall mean the Health Code as
adopted by Section 8,04.0 10 as amended. -
"Health Officer" shall mean the Health
Officer of the city of Rosemead.
"Mechanical Code" shall mean the Mechan-
ical Code as adopted by Chapter 15.16 as
amended.
"Occupancy" shall mean the purpose for
which a building is used or intended to be
.-used. The term shall also-include the building
or room housing such use. "Change of occu-
pancy" includes a change of tenant or user in
any commercial or industrial use.
"Plumbing Code" shall mean the Plumbing
Code as adopted by Chapter 15.12 as amend-
ed.
"Special Inspector" shall mean a person
holding a valid certificate of registration. (Ord.
764 § '2 (part), 1995: prior code § 8101)
creation of pedestrian and vehicular traffic
hazards, poor drainage and difficulty in street
cleaning and maintenance; that the construc-
tion of additional buildings, dwellings, addi-
tions, garages or accessory buildings, will, in
most instances, substantially aggravate or add
to such traffic, drainage, street cleaning and
maintenance-- problems, unless sidewalks,
curbs, gutters and street trees are provided in
conformity with present standards of the city,
and that the public health; safety and-welfare
will be best protected and served by requiring
the construction of sidewalks, curbs and But-
ters, and the installation of street trees in all
instances of new construction.
B. Any owner, lessee, occupant or agent
constructing or causing the construction, in
any zone, of any building, dwelling, building
addition or repair (whether interior or exteri-
ar), garage, carport or other accessory building
or structure (excluding swimrrung pools) esti-
15.04:030-- Building code-fees. " mated by Life Buildirig Department on building.-..
Notwithstanding the provisions of Section plans to have a value of ten thousand dollars.
15.04.010, fees for plan check, inspection and - 010,000.00) or more (except building permits
other miscellaneous services shall be based on for reconstruction as a result of fire damage or
the most current fee set forth by Los Angeles acts of God such as earthquakes and storms),- _
=-County; Title 26;-Fees-and shall-be iiicieased_ shall close aH driveway approaches-not in use=
by fifty (50) percent. (Ord. 764 § 2 (pan),- or which are considered unsafe for ingress or
-1995: prior code § 8102)'---- - - `-egress; shall construct sidewalks curbs, gutters
and shall-install.street trees .in accordance-with-
15.04.040 Construction of sidewalks,__ city standard, unless sidewalks, curbs, gutters
curbs and gutters and and street trees already -exist, on the street .
planting of street trees. frontage of the parcel of land on which the
building or structure is to be constructed; and
A. The City Council finds that there are
such improvements substantially conform to
areas in all zones within the city where side- city standards and are in good condition and
wal}s, curbs, gutters and street trees are lack--
repair; except that on lots exceeding one-half
ing (or in such condition as to need repair or
acre in size, said sidewalks, curbs, gutters and
replacement). The lack of adequate sidewalks, street trees need be installed only along that
curbs, gutters and street trees is detrimental to portion of the subject lot. Removal of existing
the public health, safety and welfare by the
street trees located where establishment of
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15.04.040
sidewalk, curb or gutter is required shall be
provided by the city.
C. When public right-of-way is needed. to
establish sidewalks, curbs, gutters and street
trees to city standards, the applicant shall,
prior to the issuance of a building permit,
submit an irrevocable offer to dedicate the
necessary street frontage. _
D. The Director of Planning and the Build-
ing Inspector shall not issue' a certificate of
__-poccupancy.noraccept any-structure for public
utility connection, nor approve any structure
or improvement for use unless and until the
provisions of this section have been complied
with or a bond or cash in sufficient sums to
insure the installations-required in subsection
B of this section is filed with and accepted by
the Planning Department of the city, or modi-
fication therefrom has been obtained, pursuant
to the provisions of Section 15.04.050.-(Ord.
764 § 2 (part), 1995: prior, code § 8104)
modificationY
procedure-Construction of
sidewalks, curbs, gutters and
planting of street trees.
A. -Any person desiring to obtain a modifi
cation from the provisions of Section
15.04.040mayfile-with the PlanningCommis=
Sion a written application _The.Planning-Com-
mission shall give the applicant for such modi-
fication an opportunity to be heard if he or she -
so desires, and thereafter may grant or deny
the application for the modification, or may
grant the same upon such conditions as the
Planning Commission deems necessary for the
preservation of the safety, health or propery
of the general public.
B. The Planning Commission upon such
application, or on its own motion, may grant
a modification from the provision of Section
15.04.040 for one or more of the following
reasons:
1. The construction of sidewalks, curbs or
gutters or installation of street trees, in the
area involved is included in a budgeted city
project or within an approved assessment dis-
trict.
2. Because of the peculiar circumstances
of the property, the development of the sur-
round ing property; or because of other similar
reasons such sidewalks, curbs, gutters or street
trees can be best constructed or installed
through use of an assessment proceeding.
3. Because of the location of the property
the terrain or condition thereof, or other simi-
Jar reasons, the construction of sidewalks,
curbs or gutters or installation of street trees,
would be impractical or unnecessary or would
impose undue hardship on the owner of the
property.
-
C.~:Withiri fifteen (15) days after receipt of---
written notice of the decision of the Planning
Commission conceming such. modification
application, any person affected thereby may
appeal to the City Council, by filing a notice
-of appeal -with the City Clerk. Except in case `
of an appeal filed by a governmental body or .
school district, such notice of"appeal'shall be-"-
accompanied-by. a-fifty-dollar.($50.00) filing-
fee.
D. Unless the City Council, within thirty
(30) days after notice of appeal has been filed,
determines to grant a hearing or to refer the
matter back to the Planning Commission for
rehearing the appeal shall be deemed dis-
missed and the decision of the Planning Com-
mission shall thereupon become final.
E. If the City Council determines to hear
the appeal, ten days written notice of such
hearing shall be mailed by certified mail to the
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15.04.050
appellant and to all persons who requested
such notice at the time of the hearing upon the
application for modification before the Plan-
- - ning Commission.
F. The City Council may consider the ap-
peal on the record, if any, made before the
Planning Commission, or de novo; and there-
after the city council may refer the matter__
back to the Planning Commission for further
consideration or may reverse, affirm or modify
_ the decision_of_-the- Planning-Commission - - -
subject to the same standards and limitations
imposed upon the Planning Commission by
this section. Except as herein expressly other-
wise provided, the decision of the City Coun-
cil shall be final. (Ord..764 § 2-(part), 1995: - - -
prior code § 8105)
15.04.060 Violations-Penalties.
- Every person violating any provision of the
- 1998 California Building Code as amended by-
Title-26 Los An eles Buildin Code and-ap^ - -
pendices, adopted by reference. by Section
15.04.010, or of any permit or license granted
thereunder, or any rules or regulations promul-
gated-pursuant thereto, is guilty of a misde- -
meanor._Upon..conviction.thereof-he of-she
shall be punishable by a fine not to exceed
one thousand dollars (51;000.00) or-imprison==
ment not to exceed six_month s,_or_by..both__
such-fine and imprisonment. The imposition -
of such penalty for any violation shall not
excuse the violation or permit it to continue.
Each day that a violation occurs shall consti-
tute a separate offense. (Ord. 793 § 3, 1999)
274
ORDINANCE NO. 8067
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
AMENDING CHAPTER 5.28 OF THE ROSEMEAD MUNICIPAL CODE.
PROVIDING FOR THE ESTABLISHMENT AND GRANTING OF FRANCHISES
FOR THE MAINTENANCE AND OPERATION OF CABLE TELEVISION
SYSTEMS AND FOR THE CONTINUING REGULATION AND
ADMINISTRATION OF THESE FRANCHISES.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN
I AS FOLLOWS:
Unless expressly repealed or amended by the following sections, the existing provisions of
Chapter 5.28 of the Rosemead Municipal Code entitled the "Cable Television Franchise Law of the
City of Rosemead," shall continue to be applicable.
SECTION I. Chapter 5.28 of Title 5 of the Rosemead Municipal Code is hereby amended in
the following particulars:
Section 5.28.020 DEFINITIONS is amended in the following particulars only:
A. The definition of "Additional Subscriber Service" is hereby amended to read as follows:
"Additional Subscriber Service" means any service not included.in_basic subscribeT,television
service, basic subscriber radio service or institutional service.'as defined in this section, including, but
not limited to, pay cable, interactive services, cable modem services, and cable telephone services.
B. The definition of "Cable connnunications system" or "system, " is hereby amended to read
as follows:
"Cable communications system" or "system," sometimes referred to as "cable TV system,"
"CATV system"_ or "broadband communications network," means a system of antennas, cables,
amplifiers, towers, microwave links, cablecasting studios, and any other conductors. converters,
equipment or facilities, designed and constructed for the primary purpose of distributing video
programming to home subscribers, and the secondary purpose of producing, receiving, amplifying,
storing, processing, or distributing audio, video, digital, or other forms of electronic or electrical
signals. Such term does not include:
A facility that serves only to transmit television signals of one (1) or more television
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broadcast stations;
2. A facility that serves Subscribers without using any Public Right-ofWay;
3. A facility of a common carrier, which is subject in whole or in part to the provisions of
Title II of the Federal Telecommunications Act of 1996, except that such facility shall be considered a
Cable communications system to the extent such facility is used in the transmission of Video
Programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-
demand services; or
4. An open video system that complies with Section 653 of the Federal Telecommunications
Act of 1996; or
5. Any facilities of any electric utility used solely for operating its electric utility system.
C. The definition of "Channel "is hereby amended to read as follows:
"Channel" means a radio frequency band capable of carrying combinations of video, audio,
digital or other non-video signal, including a digitally compressed channel.
D. The definition of "Gross Annual Revenue" is deleted. Anew definition is added as
follows:
"Gross Revenue" means all cash or other consideration received directly or indirectly by a
erantee and its affiliates, subsidiaries, parent, and any person in which a grantee has a financial
interest, or from any source whatsoever, arising from or attributable to the sale or exchange of cable
services by a grantee within the City or in any way derived from the operation of its system,-
including, but not limited to, "Basic Subscriber Television Service," "Basic Subscriber Radio
Service," "Institutional Service," "Additional Subscriber Service," Premium and Pay Services, leased
channel fees, converter rentals or sales, revenue from cable Internet services; cable modem rentals or
sales, revenue from telephone and other services which may be provided over the Cable
Communications System, studio rental, and advertising revenues. Such gross revenues shall not be
reduced for any purpose other than as provided in this Chapter and shall be the basis for computing
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the fee imposed pursuant to Section 5.28.100 of this Chapter. Such gross revenue shall not include
converter deposits, modem deposits, or refunds to subscribers by the grantee, or items excluded by
II Federal law.
E. The definition of "Year" is amended to read as follows:
"Year" means the remaining portion of 2000. Thereafter, "year" means a full calendar year.
Section 5.28.030 Grant of franchise is amended in the following particulars only:
Subsection B is amended to read as follo",s:
B. Basis for Award of Franchise. Pursuant to Federal and State law, the City Council may
base its award of a cable communications system franchise on the following criteria:
1. For every New Franchise:
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a. Quality of service; and
b. Equal service for all areas of the City, without regard to income of the residents; and
c. Adequate public, educational, and governmental access channel capacity, facilities, and
financial support; and
d. Adequate assurance that the cable operator has the financial, technical, and legal
qualifications to provide cable service.
e. Any other consideration that will safeguard the local public interest.
2.- For everv Franchise Renewal:
a. Whether the cable operator has substantially complied with the material terms of the
franchise and with applicable law.
b. Whether the quality of the operator's service has been reasonable in light of community
needs.
c. Whether the cable operator has the financial, legal and technical ability to provide the
services, facilities and equipment set forth in the proposal.
d. Whether the operator's proposal is reasonable to meet the future needs and interests of the
community, taking into account the cost of those needs.
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Subsection E. Duration is amended to read as follows:
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E. Duration. The term of the franchise and all rights, privileges, obligations and restrictions
pertaining thereto shall not exceed ten (10) years from the effective date of the franchise unless
11 terminated sooner as hereinafter provided. No franchise shall be effective unless, within thirty (30)
11 days after approval by the Council, the grantee files in the appropriate office of the city a written
11 acceptance of the franchise.
Subsection I is added to read as follows:
1. Open Access. It is the policy of the City to encourage open access so that its residents may
utilize any Internet Service Provider, whether they receive their Internet Service by means of satellite
transmission, cable television, other Fiber Optic cables, or other means. If Federal Law permits
franchising authorities to require open access, the grantee shall permit open access to the fullest
extent permitted by law.
Section 5.28.060 Operation and maintenance is amended in the following particulars only:
Subsection A is amended to read as follows:
A. Open Books and Records. The grantee shall maintain an.office within five (5) miles of the
City and shall manage all of its operations in accordance with a policy of totally open books and
records. The grantor shall have the right to inspect at any time during normal business hours, all
books, records, maps, plans, income tax returns, financial statements, service complaint logs,
performance test results and other like materials of the grantee which relate to the operation of the
franchise. Access to the aforementioned records shall not be denied by the grantor on the basis that
the records contain proprietary information.
Subsection C 2 is -amended to read as follows:
C. Reports.
2. Monitoring and Compliance Reports. No later than April 15th of each year, the grantee
shall provide a written report of the FCC performance tests for the Cable Television System required
in Part 76, Section 76.601 of FCC Rules and Regulations. In addition, the grantee shall provide,
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reports of the test and compliance procedures established by the franchise agreement, no later than
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thirty (30) days after the completion of each series of tests.
Subsection D is amended to read as follovvs.
D. Maintenance and Complaints. .
1. The grantee shall maintain an office within five (5) miles of the City which shall be open
during all usual business hours, shall have a publicly listed toll-free telephone number, and be so
operated to promptly answer subscriber telephone calls and to act upon complaints and requests for
repairs or adjustments, on a twenty-four (24) hour basis. A written log shall be maintained listing all
complaints and their disposition. Grantee shall maintain a location within the City for the making of
payments, which shall be open during normal business hours and a reasonable number of evening and
weekend hours, unless grantee establishes to the satisfaction of grantor, hardship sufficient to excuse
grantee from this requirement.
2. The grantee shall render efficient service, make repairs promptly, and interrupt service only
for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be
preceded by notice and shall occur during period of minimum use of the system. A written log shall
be maintained for all service interruptions.
3. The grantee shall not refuse to provide service to any customer or prospective customer
conditioned upon such person providing a Social Security number to grantee if such person provides
a drivers license number or California I.D. number. Existing customers of the grantee will not be
asked more than the last four digits of their Social Security number or driver's license/California I.D.
number. After establishment of an account, existing customers may set up an individualized Personal
Identification Number (PIN) for use in verifying identity. No number will be required as a
prerequisite to ordering routine repair service by existing customers.
4. The grantee shall maintain a repair force of technicians capable of responding to subscriber
complaints or requests for service within twenty-four (24) and forty eight (48) hours after receipt of
the complaint or request, respectively. Repair service appointments shall be offered in four hour
blocks. No charge shall be made to the subscriber for repair service unless the problem was caused
by an act of the subscriber.
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5. The grantor shall ensure that all subscribers, programmers, and members of the general
public have recourse to a satisfactory hearing of any complaints, where there is evidence that the
grantee has not settled the complaint to the satisfaction of the person initiating the complaint. The
grantor shall establish procedures for handling and settling complaints.
Section 5.28.070 Regulation of franchise and rates is amended in the following particulars only:
A neiv preamble is added, preceding subsection A, to read as follows:
Regulation of rates and other terms for the provision of service to customers as set forth
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hereinbelow shall be subject to and limited by applicable restrictions imposed by Federal and State
law. If and when such restrictions are removed or modified, enforcement of provisions hereof which
are not currently fully enforceable shall be enforced to the maximum extent permitted by law.
Section 5.28.140 Miscellaneous Provisions is amended in the following particulars only:
Subsection A is amended to read as follows:
A. Compliance with Laws. Notwithstanding any other provision of this Ordinance or the
franchise to the contrary, the grantee at all times shall comply with all laws and regulations of the
state and federal government or any administrative agencies thereof; provided, however, if any such
state or federal law or regulation shall require the grantee to perform any service, or shall permit the
grantee to perform any service, or shall prohibit the grantor from enforcing provisions of this
Ordinance or the franchise, or shall prohibit the grantee from performing any service in conflict with
the terms of the franchise or of any law or regulation of the grantor, then, as soon as possible
following knowledge thereof, the grantee shall notify the grantor of the point of conflict believed to
exist between such regulation or law and the laws or regulations of the grantor or the franchise.
If the grantor determines that a material provision of this chapter is affected by any
subsequent action of the state or federal government, the grantor shall have the right to modify and/or
interpret any of the provisions of this chapter to such reasonable extent as may be necessary to carry
out the full intent and purpose of this chapter consistent with said regulation or law.
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Section 2. This Ordinance has been determined to be exempt from the California
Environmental Quality Act pursuant to State Guidelines § 15061 (b)(3) as a project that has no
potential for causing a significant effect on the environment.
Section 3. The City Clerk shall certify to the adoption of this Ordinance.
PASSED, APPROVED and ADOPTED this _ day of 2000.
City of Rosemead
ATTEST:
City Clerk
City of Rosemead
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B. ORDINANCE NO. 806 - SETTING CITY COUNCIL SALARIES - ADOPT
The following ordinance was presented to the Council for adoption.
ORDINANCE NO. 806
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
SETTING COUNCIL SALARIES
MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN
VASQUEZ that the Council adopt Ordinance No. 806. Vote resulted:
Yes:
Bruesch, Clark, Vasquez, Imperial
No:
Taylor
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
C. ORDINANCE NO. 807 - ESTABLISHMENT AND GRANTING OF
FRANCHISES FOR THE MAINTENANCE AND OPERATION OF
CABLE TELEVISION SYSTEMS
The following Ordinance was introduced to the Council.
ORDINANCE NO. 807
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
AMENDING CHAPTER 5.28 OF THE ROSEMEAD MUNICIPAL CODE,
PROVIDING FOR THE ESTABLISHMENT AND GRANTING OF
FRANCHISES FOR THE MAINTENANCE AND OPERATION OF CABLE
TELEVISION SYSTEMS AND FOR THE CONTINUING REGULATION
AND ADMINISTRATION OF THESE FRANCHISES - INTRODUCE
MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN VASQUEZ
that the Council introduce Ordinance No. 807, receive the renewal agreement, and consider
adoption of both at the City Council meeting on June 27, 2000. Vote resulted:
Yes:
Bruesch, Taylor, Clark, Vasquez, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
D. URGENCY ORDINANCE NO. 808 - AMENDING THE ROSEMEAD
~I I MUNICIPAL CODE BY DELETING THE REQUIREMENT OF CURB,
GUTTER, AND SIDEWALK INSTALLATION FOR CONSTRUCTION
PROJECTS
Councilman Taylor asked what transpired to bring this item up?
Frank Tripepi, City Manager, responded that only curb and gutters exist throughout the
community. The City adopted the sidewalk ordinance many years ago at which time the Council
aggressively pursued the installation of sidewalks in certain areas. Mr. Tripepi continued that if
the Council does not want to continue to vigorously pursue the installation of sidewalks with
individual homeowners, not subdivisions or large projects, the ordinance tonight will no longer
require the installation of sidewalks. Mr. Tripepi stated that there are many neighborhoods that
are not major routes to schools, not heavily traveled by pedestrians, and the people that live on
those streets may not want sidewalks and want to maintain their green area. Mr. Tripepi
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explained that there are three people appealing a Planning Commission decision that would
require them to install sidewalks.
Councilman Taylor stated for the record that one of the people appealing that decision is
his son.
Mr. Tripepi added for the record, that Councilman Taylor did not ask him to put this item
on the agenda.
Councilman Taylor stated that there are dozens of homes within Vane, Ellis Lane and
Marshall area that have built major additions without putting in sidewalks. Councilman Taylor
stated that wants to ensure that there are still provisions requiring the installation of sidewalks on
large developments. Mr. Taylor stated that there are homeowners who deserve the sidewalk
waiver as they maintain nice well-kept properties.
Mr. Tripepi stated that there are provisions in the parcel map subdivisions that require, as
a condition of approval, full installation of public improvements, which includes sidewalks.
Councilman Bruesch asked if the sidewalk threshold amount should be raised?
Mr. Tripepi stated that some residents do not want a sidewalk, and some may borrow
enough money to do improvements and by requiring them to build a sidewalk also might over
burden them. Mr. Tripepi stated again, that large projects will still have sidewalks required as
part of the development procedure.
Councilman Bruesch stated that the sidewalk requirement is for safety and he does not
like to see people walking in the gutters. Mr. Bruesch' continued that if the threshold was raised
to $40,000 or $50,000 then that would eliminate those appeals.
Councilman Taylor responded that this does not change the nice areas that do not need
sidewalks and that most of them are cul-de-sacs or not main thoroughfares, and are very well
kept.
MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN
VASQUEZ that the Council waive reading in full and adopt Ordinance No. 808. Vote resulted:
Yes:
Taylor, Clark, Vasquez, Imperial
No:
Bruesch
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
Councilman Bruesch stated that he feels that the requirement of sidewalks in large
developments is a safety issue.
E. RESOLUTION NO. 2000-30 - SUPPORTING THE DEVELOPMENT OF
THE EATON VILLAGE SHOPPING CENTER JOINTLY WITH THE
CITY OF EL MONTE
MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR PRO TEM
IMPERIAL that the Council adopt Resolution No. 2000-30. Before vote resulted, more
conversation ensued.
Councilman Taylor asked if any agreement has been forthcoming regarding the 50-50
share of sales tax for this project? Mr. Taylor stated that he is going to Abstain as the developer
is pushing the issue, but so far they have not come forth with anything.
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