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CC - 03-22-83APPROVED A CITY OF ROSEi?,IF AD DATE,— MINUTES OF THE REGULAR MEETING"`'_--`-( OF THE ROSEMEAD CITY COUNCIL MARCH 22, 1983 AT 8:00 P. M. The Regular Meeting of the Rosemead City Council was called to order by Mayor Tury at 8:00 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 Rev. Walter Jackson. ROLL CALL OF OFFICERS: Present: Councilmen Cichy, Cleveland, Imperial, Taylor and Mayor Tury Absent: None APPROVAL OF MINUTES: MARCH 8, 1983 - REGULAR MEETING MOTION BY COUNCILMAN CLEVELAND, SECONDED BY COUNCILMAN CICHY that the Minutes of March 8, 1983 Meeting be approved. Vote re- sulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. I. ORAL COMMUNICATIONS A. Buck Gumber, 3426 Muscatel Avenue, Rosemead, stated that he felt they should be allowed to keep the rabbits which they have since they are being used for food and that they are kept clean. Robert Kress, City Attorney, stated that although he sympa- thizes with Mr. Gumber and his employment situation and the fact that he wants to provide food for his family, it is not fair to the rest of the neighbors to have selected houses in the neighbor- hood become slaughter houses. He stated that there were two vio- lations committed, one has to do with the number of animals per- mitted in a single family zone and the second has to do with slaughtering. i Mayor Tury stated that he was told that there were.16 or 17 rabbits on this property and then later, when the sheriff's deputies had inspected the property it was found that there were 70 or 80 rabbits. The Rosemead Municipal Code allows for three (3) house- , hold pets. Larry Gumber, 3426 Muscatel Avenue, Rosemead, inquired what exactly is the complaint and what is the intention of the City. Mayor Tury stated that the complaint that rabbits are being raised in an R-1 Zone and it is a zoning violation. Robert Kress, City Attorney, stated that the letter from the Planning Director gave Mr. Cumber 45 days from the day of receipt to get rid of the rabbits, and if nothing is done within those 45 days a citation will be issued. B. Jim Callas, Commander of Temple City Sheriff's Station, stated that Lt. John Phillips, who was previously liaison Lieutenant for the City of Rosemead has been transferred to the special enforce- ment bureau, and he introduced Lieutenant Tom Johnston who will be replacing Lt. Phillips. Mayor Tury welcomed Lt. Johnston to the City of Rosemead, and stated that he looked forward to working with him. CM 3-22-83 Page #1 I • • II. PUBLIC HEARINGS A. CONTINUED PUBLIC HEARING TO CONSIDER RESOLUTION OF NECESSITY FOR RIGHT OF WAY ACQUISITION ON DEL MAR Mayor Tury opened the continued Public Hearing and inquired if there was anyone in the audience who would care to speak re- garding the Del Mar acquisition. No one came forward, and the Public Hearing was closed. The following Resolution was presented for adoption: RESOLUTION NO. 83-5 RESOLUTION OF NECESSITY FOR ACQUISITION BY EMINENT DOMAIN OF PUBLIC RIGHT OF WAY FOR THE IMPROVEMENT AND WIDENING OF DEL MAR AVE., A PUBLIC STREET. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that Resolution No. 83-5 be adopted 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. Councilman Taylor stated that although he made the motion to adopt the Resolution in order to go ahead with the project, he still has reservations about parcel #38, Pic n Sav and Smarty Pants. He was not in agreement with the recommendations in the proposal so when that comes back maybe something could be worked out. Mayor Tury stated that the City will continue to negotiate with these people. B. PUBLIC HEARING TO CONSIDER CONFIRMATION OF ASSESSMENTS FOR MARSHALL(TEMPLE CITY BLVD./STRANG AND BROOKLINE (MARSHALL/LOFTUS) Mayor Tury stated that the Public Hearing was open and inquired if there was anyone who would care to speak regarding this hearing. Thomas Aquilar, 128 S. Boyle Avenue, stated that he has been trying to get in touch with the Engineer on the job as he is the owner of the property at 3648 Temple City Blvd., and he had taken measurements of his property and what he is being charged for is not accurate. Mayor Tury stated the Tom Howard, Engineer, is in the audience and can resolve the problem, and this property can be deferred to the next meeting. Mayor Tury inquired if there was anyone else who would care to speak. No one came forward and the Public Hearing was closed. Councilman Taylor stated that there were two owners listed at 3702 Brookline, Coffman & Hernandez, and he requested an ex- planation. Mayor Tury requested that those two properties also be re- moved from the Resolution and be deferred to the next meeting. The following Resolution was presented for adoption: RESOLUTION NO. 83-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, CONFIRMING THE STREET SUPERINTENDENT'S REPORT AND ASSESSMENTS THEREIN CM 3-22-83 Page #2 • 0 MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that Resolution No. 83-10 be'adopted 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. PUBLIC HEARING TO CONSIDER SUBDIVISION OF ONE LOT INTO 7 SEPARATE PARCELS, TENTATIVE TRACT MAP 1138970-8858 GRAND AND 4747-4751 IVAR Mayor Tury stated that the Public Hearing was 'open and inquired if there was anyone in the audience who would care to speak regard- ing this subject matter. Joe Arena, Developer, 9812 Cathay.Circle, Huntington Beach, requested that the Planning Commission's recommendation be approved, and the Negative Declaration be accepted. Mayor Tury inquired if there was anyone else who would care to speak regarding this matter. No one came forward, and the Public Hearing was closed. Councilman Taylor inquired what standards are going to be im- posed as far as street construction. John Carmona, Planning Director, stated that the construction meet County requirements as far as thickness of the underlying layers, but it does not mean curbs. The driveway is going to be a six inch concrete driveway. Councilman Taylor inquired why there were to be no curbs on the private street. Mr. Carmona stated that the Planning Commission had given that a lot of consideration, and as it is a private street, the curbs would raise the elevation of lots, 4, 5, 6 and possibly 1 and 2, and increase the wall heights along those neighboring residential properties. Considering the trade-off, trying to gain drainage to the private street and not to the public street, the Commission chose not to require the curb and gutter. Councilman Taylor stated that this did,not answer his questions, and he is not prepared to act on this item.. He felt that the street needs curbs and gutters, and does not want varying standards through- out the City. Mayor Tury requested that this item be held over for additional information from the City Engineer regarding the drainage and the slopes. There being no objection, this item was deferred to April 12, 1983. D. PUBLIC HEARING TO CONSIDER INSTALLATION OF STREET IMPROVE- MENTS UNDER THE PROVISIONS OF THE 1911 IMPROVEMENT ACT, CHAPTER 27, ON THE FOLLOWING STREETS: S/S NEWMARK(DENTON/KELBURN) S/S NEWMARK(KELBURN/FALLING LEAF.) NIS NEWMARK(DENTON/KELBURN) NIS NEWMARK(KELBURN/FALLING LEAF) S/S WHITMORE(WEST CITY BOUNDARY/PROSPECT) S/S WHITMORE(PROSPECT/JACKSON) NIS WHITMORE(JACKSON/WEST CITY-BOUNDARY) E/S ROCKHOLD(DOROTHY/HELLMAN) W/S ROCKHOLD(DOROTHY/HELLMAN) E/S EARLE(MARSHALL/NORWOOD) W/S EARLE(MARSHALL/NORWOOD) E/S CHARIETTE(MARSHALL/OLNEY) W/S CHARIETTE(MARSHALL/OLNEY) CM 3-22-83 Page M3 Mayor Tury stated that the Public Hearing was open and inquired if there was anyone who would care to speak regarding this matter. Robert Muro, representing property owner Maria Cordara, 8532 Dorothy Street, inquired if the pavement that had been installed about three years ago was going to be removed. Robert T. Dickey, Assistant City Manager, stated that what is proposed is the installation of curb, gutter, drive- way approach and sidewalk on Rockhold between Hellman and Dorothy and there are no plans on Dorothy. Mayor.Tury inquired if there was anyone else who would care to speak on this matter. Frank G. Tripep.i, City Manager, stated that prior to clos- ing the Public Hearing, he.wanted the record to show that during a public works meeting was held with the residents on Chariette they requested that sidewalks be considered for installation. They were instructed at that time that Council policy regarding the petition for the installation of sidewalks. The property owners have presented a petition requesting that sidewalks be added to the.curb, gutter, driveway approach installation on Chariette. He.added that there are over 60% of the property owners on the list. Art De La Pina, 3622 Chariette, protested the proposed side- walks because of the additional cost to the property owners on Chariette. Councilman Taylor stated that Mr. DeLaPina could put the sidewalks in himself in order to save the cost of the labor as long as it is done with a building permit and with normal standards. Robert T. Dickey, Assistant.City Manager, stated that the City has been experiencing some very good prices when the City has gone out to public bid for these street improvement projects. The property owner can do it if they so chose; but the City has been receiving some very competitive prices. Frank G. Tripepi, City,Manager, recommended that Chariette be deferred to the next meeting on April 12, 1983 and act upon the other streets which are listed. David Perez, 3643 Chariette, inquired if the driveway could be a little wider. Mayor Tury stated that the property owners will be worked with on an individual basis. Mayor Tury inquired if there was anyone else who would care to speak regarding the other streets. No one else came forward, and the Public Hearing was closed on all the streets except Chariette which will be continued to April 12, 1983 at 8:00 p. m. Councilman Taylor requested a copy of the original petition which requested that sidewalks not go in. MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CICHY that full street improvements be installed on Newmark, Whitmore, Rockhold, and Earle. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CM 3-22-83 Page #4 • III. LEGISLATIVE n u A.. RESOLUTION NO. 83-12 - CLAIMS & DEMANDS RESOLUTION NO. 83-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF $335,437.39 NUMBERED 8531-8542 & 6123-6219 MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN IMPERIAL that Resolution No. 83-12 be adopted 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. IV. CONSENT CALENDAR (CC-H deferred) CC-A CLAIM AGAINST THE CITY ON BEHALF OF ALEJANDRO ULLOA CC-B CLAIM AGAINST THE CITY ON BEHALF OF ARMANDO TINOCO AND YOLANDA MARTINEZ CC-C SAN GABRIEL/GARVEY--RED CURB INSTALLATION CC-D AUTHORIZATION TO ATTEND INDEPENDENT CITIES ASSOCIATION SEMINAR AT RANCHO BERNARDO, MAY 12-15, 1983 CC-E AUTHORIZATION TO ATTEND COMMUNITY SERVICES CONFERENCE IN FRESNO, APRIL 6-8, 1983 CC-F AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES CITY ATTORNEY'S MEETING IN SOUTH LAKE TAHOE, MAY 4-6,83 CC-G ACCEPTANCE OF CONSTRUCTION PERFORMED BY S & W CONSTRUC- TION COMPANY FOR UP-GRADING OF VARIOUS TRAFFIC SIGNALS CC-I REQUEST USE OF GARVEY PARK SNACK BAR--ROSEMEAD LITTLE LEAGUE MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CICHY 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-H ACCEPTANCE OF ROAD DEEDS, PERMITS TO ENTER, RIGHT-OF- WAY AGREEMENTS FOR STRATHMORE AVE., IMPROVEMENT PROJECT Frank G. Tripepi, City Manager, stated that the owner of par- cel No. 30 would like to be paid for the right of way instead of dedicating the property, and the owner, Gloria Sweet, was informed of the City's policy of assessing out to the center line of the street. MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN CLEVELAND that the Council accept the road deeds, permits to enter, and right of way agreements for the Strathmore Avenue Street Improve- ment project, except for parcel #30 which is deferred. Vote re- sulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION & ACTION A. REQUEST FOR INFORMATION ON NAUGLES INCIDENT Councilman Taylor stated that he had spoken to Commander Callas prior to the meeting and there is more information that may come regarding this particular item. He requested that this item be deferred to the next meeting. CM 3-22-83 Page #5 • s B. SB 617-IMPOSES MORATORIUM ON ISSUANCE OF. TAX ALLOCATION NOTES Frank G. Tripepi, City Manager, stated that SB 617 in its present form would amend existing law and impose a moratorium on the issuance of any tax allocation bonds by a redevelopment agency until January 1, 1985. He recommended that the Council go on record as this Council opposing this particular bill. MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN CLEVELAND that the Council go on record as opposing SB 617. Vote resulted: AYES: Councilmen Cichy, Cleveland, Imperial, and Mayor Tury NAYES: Counilman Taylor. ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. VI. MATTERS FROM OFFICIALS A. REPORT FROM BUILDING OFFICIAL REGARDING LIMITING OF DEFERRED LOANS & LOW INTEREST LOANS TO LOW BID Frank G. Tripepi, City Manager, stated that the summary of that report indicates that approval from HUD has been received to allow the Council to establish a policy whereby they will make deferred loans and low interest loans to the lowest respon- sible bidder and the Council can establish a firm policy that if the homeowner elects to go with someone that is higher than the lowest responsible bidder that they will be required to pay the difference. Mayor Tury requested that this item be held over to the next meeting. B. REPORT REGARDING FLOOD CONTROL Mayor Tury stated that this report be received and filed. C. Councilman Taylor stated that a couple of incidents on the consent calendar regarding vehicular accidents in the City. Each involve uninsured motorists. He requested that letters be sent to the Department of Motor Vehicles or the appropriate agency. regarding how automobile drivers licenses are issued without the confirmation of automobile insurance. Robert Kress, stated that the only time it is required to show prove of insurance is at the time of an accident, and.there is a bill that comes up periodically and some states do have.at the time of drivers license issuance or annual vehicle registra- tion. Mayor Tury stated that our local legislators could be contacted informing them of the need felt by the Council. Councilman Cichy.stated that the major insurance companies are sponsoring a bill regarding this problem and they feel that the bill will pass this year. Mayor Tury requested information regarding that proposed bill. D. Mayor Tury stated that there were some "no parking signs" placed north of Fern on Walnut Grove on Sunday, and there was ticket- ing taking place this morning and doesn't seem to be enough time to allow. He also requested the rationale regarding the "no parking signs". Councilman Taylor stated that he agreed and felt.that a two week grace period could be allowed before ticketing the parkers. CM 3-22-83 Page N6 Mayor Tury requested information regarding the rationale of the "no parking signs" and wanted information on the tickets that were issued, if any were written. There being no further business,the Council Meeting was ad- journed to the next regular Meeting on April 12, 1983 at 8:00 p. m. Respectfully submitted: City C erk APPROVED: MAYOR CM 3-22-83 Page #7