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CC - 06-28-83, MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL JUNE 28, 1983 AT 8:00 P.M. APPROVED CITY ct. RoSEA1EAD DATE_ - T The Regular Meeting of the Rosemead City Council was called to order by Mayor Cleveland 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 Bill Fuller. ROLL CALL OF OFFICERS: Present: Councilmen Cichy, Imperial, Taylor, Tury and Mayor Cleveland Absent: None APPROVAL OF MINUTES: June 14, 1983 - REGULAR MEETING Councilman Taylor stated that a clarification should be made in the minutes by adding the words "dealing with" to the second paragraph from the bottom of Page X16. MOTION:BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY that the Minutes of the June 14, 1983 Council Meeting be ap- proved as amended. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. APPROVAL OF MINUTES: June 18, 1983 - BUDGET MEETING Councilman Taylor stated that a correction was needed on the fourth paragraph from the bottom of Page p2. Councilman Imperial made the Second to the motion not Councilman Tury. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that the Minutes of June 18, 1983 Budget Meeting 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: June 21, 1983 - ADJOURNED MEETING MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that the Minutes of June 21, 1983 Council Meeting be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and sosordered. I. ORAL COMMUNICATIONS FROM THE AUDIENCE A. Mike Castillo, 3419 N. Brighton Street, Rosemead stated that he recently had difficulty with provisions of the Franchise Agreement between Modern Service and the City of Rosemead. Speci- fically, he hoped that future negotiations with the trash contrac- tor would not be so exclusive as to prevent a homeowner, who is remodeling or renovating property from hauling his own trash away. Councilman Tury informed Mr. Castillo that the present franchise agreement is in effect until 1991, and this Agreement has been in- herited by this Council. Councilman Taylor informed Mr. Castillo that under the provi- sions of the agreement, he could pile up the debris in front of the house, and Modern would be obligated under the Contract to pick it up. He, then, inquired of the City Attorney whether debris generated as a result of building construction was exempt under the contract. Robert Kress, City Attorney, responded that Modern does an exclusive right to pick up anything; however, he does not if building construction is an exception to that exclusivity. have recall CM 6-28-83 Page N1 • Councilman Taylor stated that it was his feeling that build- ing construction was exempt from the exclusive pick-up provision of the Modern Service Agreement. He stated that he would check into the matter further. B. Juan Nunez, 2702 Del Mar, commented regarding a neighbor who chopped a tree down and could not rent a trailer to haul the trash away himself, but in fact had to have Modern Service remove the debris. He,also, asked if the City charged a fee in addition to Modern's fee for a bin. Frank G. Tripepi, City Manager, stated that an encroachment permit fee was required if the bin was stored on a City street. II. PUBLIC HEARINGS A. CONTINUED PUBLIC HEARING TO CONSIDER AN APPEAL TO THE DECISION OF THE PLANNING COMMISSION REGARDING A CUP REQUESTED FOR BEER AND WINE (OFF-SALE) AT 8625 GARVEY Mayor Cleveland opened the Public Hearing and inquired if there was anyone in the audience who would care to speak regard- ing this request. David Corujo, 3013 N. Broadway, Los Angeles, represented Mr. Ricardo Cedano, applicant, and stated that the owner has been experience a very low rate of profit from this store and is requesting the CUP in order to make his business more profit- able. He fells that the sale of beer or wine would not have a negative impact on the environment or the area. Councilman Tury stated that the site was very close to a. church and school. Juan Nunez, 2702 Del Mar, stated that although liquor is sold as off-sale in these places, customers have a tendency to drink immediately after leaving the market. This could lead to the development of a skid row area such as on Los Angeles Street in Los Angeles. Mr. Corujo stated that this was a very broad argument and there is no way that anyone can be in control of people and their behavior; and, if these generalities are true, then all liquor stores should be closed. He did not feel that this request should be denied for the reasons stated. Mayor Cleveland inquired if there was anyone else who would care to speak. Hearing none, he closed the Public Hearing. Councilman Tury stated that this particular location is al- ready saturated with outlets for alcoholic beverages, and he felt that it would be a detriment to the community. Councilman Imperial also opposed the request made by the applicant for a CUP. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN IMPERIAL that the Planning Commission's decision be upheld and the request be denied for the reasons stated in the Planning Commission Reso- lution No. 83-10. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. B. PUBLIC HEARING TO CONSIDER CONFIRMATION OF ASSESSMENT AT 4303 MUSCATEL AVENUE (VALENTINE) Mayor Cleveland stated that the Public Hearing was open and inquired if there was anyone in the audience who would care to speak. No one came forward, and the Mayor closed the Public Hearing. CM 6-28-83 Page #2 The following Resolution No. 83-23 was presented for adoption: RESOLUTION NO. 83-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD CONFIRMING-THE-STREET SUPERINTENDENTS REPORT & ASSESSMENT MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY j that Resolution No. 83-23 be adopted and thereby confirming the Assessment at 4303 Muscatel Avenue. 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. 83-24 - CLAIMS & DEMANDS RESOLUTION NO. 83-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF $375,415.49 NUMBERED 8605-8615/6832 THROUGH 6966 INCLUSIVELY MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN TAYLOR that Resolution No. 83-24 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. B. ORDINANCE NO. 560 - FLAG LOT DEVELOPMENT AMENDING MUNICIPAL CODE Councilman Taylor requested that this item be held over to the next Meeting as he did not get his copy of the item in the Agenda packet. There being no objections, it was so ordered. C. ORDINANCE NO. 561 - CITY COUNCIL SALARY ADJUSTMENT ORDINANCE NO. 561 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD SETTING CITY COUNCIL SALARIES THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: SECTION 1. Effective April 17, 1984, each member of the City Council shall be paid a salary of $418.50 per month. SECTION 2. The City Clerk shall certify to the adoption of this Ordinance. 1983. PASSED, APPROVED AND ADOPTED this day of , ATTEST: MAYOR City Clerk MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN TAYLOR that Ordinance No. 561 be introduced on its first reading. Vote resulted: AYES: Councilmen Cichy, Taylor, Tury and Mayor Cleveland NAYES: Councilman Imperial ABSTAIN: None ABSENT: None Whereupon the Mayor declared said motion duly carried and so ordered. CM 6-28-83 Page N3 • • Councilman Cichy requested that the Ordinance No. 561 be read in full, and it was done. IV. CONSENT CALENDAR (CC-B deferred to next meeting) CC-A EXTENSION OF GRAFITTI REMOVAL CONTRACT CC-C EXECUTION OF CBDG CONTRACTS 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. CC-B APPROVAL OF PROPOSAL FOR ENGINEERING SERVICES-- HELLMAN (SAN GABRIEL TO WALNUT GROVE) Councilman Taylor requested additional information regard- f ing the extent of the project as to what is being planned as far as the over-all street. Tom-Howard, Assistant City Engineer, stated that the pro- ject scope is dependent upon the results of the tests that are presently being taken on the road conditions. These test re- sults will determine whether a complete reconstruction, partial reconstruction or resurfacing is necessary. j Councilman Taylor inquired when the results of that test will be available. Tom Howard stated the results should be available within the next two or three weeks. Councilman Taylor requested a more thorough description:•of what is:being proposed when the tests results are available so that the Council would know what is being built. Tom-Howard stated that the test results should.be available by the following meeting. Councilman Taylor requested that this item be deferred until the test results are received. There being no objections, it was so ordered. V. MATTERS FOR DISCUSSION & ACTION A. Appointment of Planning Commissioner Donald Wagner, Assistant City Manager, stated that Mr.. Paul Schymos had sent a letter to the Council regarding his reappoint- ment as Planning Commissioner; and that he would be happy to serve the City of Rosemead in that capacity if the Council so ' desired. MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN TURY that Paul Schymos be reappointed for period of two years to the Planning Commission. 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. Personnel Session. The City Council recessed to an Executive Session regarding Personnel. The City Council reconvened from the Executive Session. CM 6-28-83 Page 114 Mayor Cleveland stated that the discussion in the Chambers was regarding personnel increases. It was decided that the City Treasurer was to receive 5% increase, the City Attorney was to receive 5% increase as requested in the budget, and the City Manager was to receive 7% increase. Additional discussion oc- curred regarding the Modern Service Contract and the counter proposal which staff prepared and the Council decided to instruct staff to place the matter on the Agenda of the next Council Meet- ing for public discussion. Councilman Tury stated that the Council was desirous of trying to settle the Modern Service dispute out of court. B. Councilman Taylor stated that the RTD Board of Directors held a Meeting on the 27th of June regarding "Milestone 1112". He requested that staff check into that report and the other 11 re- ports prior to this one. He requested copies of these reports which relate to tax financing and the undergrounding of the bus- way to the Wilshire District. C. Councilman Imperial stated the Pacific Telephone Company is proposing a rate increase of 100% and it would be very diffi- cult for many of the Rosemead citizens to pay that kind of a rate increase. He requested that the Rosemead City Council go on re- cord as opposing the rate increase proposed by Pacific Telephone Company. MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN TURY that the Rosemead City Council opposes the rate increase which is being proposed by Pacific Telephone Company. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. D. Councilman Cichy stated that a copy of the letter sent to the Council regarding placement of the left-turn lane on Walnut Grove and Klingerman should be forwarded to the Traffic Commission for their consideration. E. Councilman Cichy stated that there would be a meeting of the Legal Committee of the Contract Cities Association scheduled for Wednesday, July 13th, the day after the next Councilmeeting. This meeting will be specifically dealing with the lawsuit against L. A. County. He requested that a report bringing the Council up to date on this item, be placed on the Agenda of July 12th, so he would have some direction from the Council. There being no objection, it was so ordered. F. Councilman Tury inquired when the 4th of July picnic started. Frank G. Tripepi, City Manager, stated that he believed open- ing cermonies start at 12:00 noon on Monday, the 4th of July. G. Mayor Cleveland stated that he had received a complaint regarding the traffic signal on Muscatel Avenue and Mission Drive. One one vehicle coming across Mission can make it through the intersection, also, children walking across Mission cannot get to the opposite side of the curb before the phase changes. Frank G. Tripepi, City Manager, stated that he would have the timing on that signal checked. H. Councilman Taylor inquired about the on ramp signaliza- tion, and stated that would probably be what would happen,.one car at a time. .Donald Wagner, Assistant City Manager, stated that a proposal was received form Cal Trans on the exact placement of the metered on-ramps and other technical information. CM 6-28-83 Page 115 Councilman Taylor requested copies of that information,and copies of a report that was done five years ago regarding pay stations on the freeway system. Frank G. Tripepi, City Manager, stated that he would get that information for the Council. I. Councilman Imperial requested that a Resolution be prepared regarding the opposition of the Council to the rate increase proposed by Pacific Telephone Company, and that this Resolution be sent to all the cities in Contract Cities Assoc- ciation. J. Frank G. Tripepi, City Manager, commented on a City that recently passed a resolution prohibiting all utility com- panies regulated by the PUC, of which the phone company is one, to take :a rateiincrease ; more than once a year, and the in- crease would be based on CPI. He stated that he would get a copy of the action taken at that meeting. Frank G. Tripepi, City Manager, commented on the confusion in Sacramento regarding the passage of the State Budget, and that a "trailer" bill (AB223) has been attached to the Budget Bill for the Governor's consideration. If he vetos the trailer bill, which includes a $900,000,000 cut to local government, he in effect will be causing the Budget to become an inoperative document as of July 1st. Mr. Tripepi further stated that the City of Rosemead would lose $777,938 if the deflator kicks in, however, if the County of Los Angeles were to levy the 1 cent sales tax based on the formula that is already been derived and put together by the State, the City would receive $1,007,586. There being no further business to handle, the Council Meeting was adjourned to the next regular Meeting on July 12, 1983 at 8:00 p. m. Respectfully submitted: City C rk APPROVED: MAYOR CM 6-28-83 Page #6 APPROVED CITY OF ROSEMEAD DATF_ G a8-JPa flY~ MINUTES OF THE ADJOURNED MEETING ROSEMEAD CITY COUNCIL JUNE 21, 1983 AT 7:00 P. M. The adjourned Meeting of the Rosemead City Council and the Rosemead Redevelopment Agency was called to order by Chair- man Cleveland at 7:12 p. m., in the Conference Room of City Hall, 8838 E. Valley Boulevard, Rosemead, California. The City Council Meeting was recessed at 7:13 p. m., and reconvened at 8:00 p. m. ROLL CALL OF OFFICERS: Present: Councilmen Imperial, Taylor, Tury and Chairman Cleveland Absent: Councilman Cichy The Mayor recessed the City Council Meeting to a Personnel Session. The City Council Meeting reconvened at 9:30 p. m. Councilman Taylor stated that the City Manager, City Attorney, City Treasurer and the City Clerk would be handled next Tuesday, June 28, 1983. Frank G. Tripepi, City Manager, stated that the City Council gave all municipal employees a 4% cost of living increase, and a 0-3% merit evaluation increase, eligible in January, retroactive, and a reclassification on two positions with a monthly increases on those two positions of $100 and $150 respectively. There being no further business to handle the City Council adjourned to the next regular Meeting on June 28, 1983 at 8:00 P. M. Respectfully submitted: APPROVED: City erk MAYOR Adj.CM 6-21-83 Page #1