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CC - 01-11-83NPPRO-VED C1'CY OF 1?0s1:A'i1:AD DATE a S- ~3 MINUTES OF THE REGULAR MEETING OF THE ROSEMEAD CITY COUNCIL JANUARY 11, 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. Jim Kehrli. ROLL CALL OF OFFICERS: Present: Councilmen Cichy, Cleveland, Imperial, Taylor and Mayor Tury Absent: None APPROVAL OF MINUTES: December 28, 1982 - Regular Meeting MOTION BY COUNCILMAN CLEVELAND, SECONDED BY COUNCILMAN IMPEPIAL that the.Minutes of the Council Meeting of December 28, 1982 be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. PRESENTATIONS: Mayor Tury presented a proclamation to some of the members of the 1982 Rosemead High School Varsity Football Team which were in attendance. They were Earl Bettencourt, Eric Lamb and Steve James along with their Coach John Dunaway and three assistant coaches. It was the first time since 1930 that Rosemead High School had earned the title of Champion of the Southeastern Con- ference of the CIF Southern Section, and Mayor Tury expressed his pride in the Panther Team for their outstanding accomplishment. II. PUBLIC HEARINGS A. CONTINUED PUBLIC HEARING TO CONSIDER RESOLUTION OF NECESSITY FOR RIGHT OF WAY ACQUISITION ON DEL MAR Mayor Tury continued this Public Hearing to the next Council Meeting was there are still negotiations going on,with some of the owners. There being no objections, it was so ordered. B. PUBLIC HEARING TO CONSIDER INSTALLATION OF CURB, GUTTER, DRIVEWAY APPROACH & SIDEWALK ON STRATHMORE E/S (GARVEY/ GRAVES) AND STRATHMORE AVENUE W/S (GARVEY/GRAVES) Robert Dickey, Assistant City Manager, stated that a meeting had been held with the property owners regarding the pro- posed creation of the Assessment District which is the purpose of this hearing. Mayor Tury opened the Public Hearing. Robert Olague, 2719 Strathmore,,inquired about the method of payment and the method of acquiring the properties, and he stated that property owners have not been informed as far as procedure on a one-to-one basis. Robert Dickey, Assistant City Manager, stated that the two questions involved are the right-of-way and whether or not every- one has been contacted on a one-to-one basis. He stated that there are 37 parcels out of an entire street that right of way is necessary to be acquired. The City Council has hired a right of way agent-and has accepted appraisals. The right of way agent does not contact any of the property owners until the Council creates the Assessment District. There are 37 parcels that remain to be acquired and the maximum amount to be acquired is 5 feet of frontage. CM 1-11-83 Page N1 Mr. Dickey stated that the right of way agent will be making an offer to those property owners of the appraised .value, and he will also explain the City's policy with respect to the right of way. The property owner will have the option to ac- cept the City's cash offer, but in that process, they must pay for the entire cost of the improvements which will be everything out to the center line of the street. If, however, the property owner elects to give the 5 feet of right of way then, the property owner will only be responsible for paying for the cost of the concrete in place, which is the curb, gutter, driveway approach and the sidewalk. That is the Council's policy and they have employed that policy since incorporation. Mr. Dickey stated that the method of payment is after the project is completed,the bill is sent to each property owner. That bill will have a letter of explanation attached to it which will state as follows: You will be invited to a confirmation of cost hearing. At that time the property owner can protest that assessment if there is a mistake. From that public hearing date to five days thereafter, the owner has an opportunity to pay the assessment in full. On the fifth day, a lien will be filed against any property in which the assessment has not been paid. Thirty-one days after the cost hearing date, the City will com- mence charging interest on the unpaid balance at the rate of 7%. Any assessments that are not paid by June 30th of that year, will show up on the tax bill. The first half due by December 10th of that year and second half due April 10th of the following year. He added that there is a.procedure that the Council has adopted for those individuals that might have a hardship with the payment of the assessment. They can arrange for a payment plan for qualified home owners. This payment plan can be established for as long as five years. Mr. Dickey stated that at the meeting previously held it was indicated quite emphatically that the property owners should come to this meeting and if they felt that they were not in favor of this project they should so advice the City Council, and that was the purpose of the Public Hearing for the creation of the Assess- ment District. Rose Bradley, 7914 Garvey, stated that she owned property on::Strathmore. She stated that she was not in favor of this improvement at this particular time because of the economy. She did inquire if the 5 feet were signed over to the City, what would the cost be for the improvements on the sidewalks and curb, and if she could do it herself. Robert Dickey stated that the 60-day.notice gives you 60 days to pull a permit from City Hall to install the.work needed. Mayor Tury stated that the City does get a good price on such construction. He realized the economic conditions at this time and the City has tried to make provisions to help if it is truly a hardship on the owners. Carla Bradley, 2656 Strathmore, stated that she and her husband are very much in favor of this improvement. She in- quired since they have a very wide lot of.100 feet-if.it.would be possible to have an extra wide driveway area. Mayor Tury stated that after the project is approved, the engineer will be contacting the owners and at that time you can discuss your individual requests, and within reason they will be cooperative. Mayor Tury inquired if there.was anyone else who would care to speak.. No one came forward, and the Public Hearing was closed. CM 1-11-83 Page #2 0 • MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN TAYLOR that installation of full street improvements of'Strathmore Avenue between Garvey and Graves be ordered. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Imperial stated that if anyone did not under- stand the explanation that Mr. Dickey gave regarding the method payment for this improvement would be to contact Mr.-Dickey after the meeting, and he would explain the policy again. III. LEGISLATIVE A. RESOLUTION NO. 83-1 - CLAIMS & DEMANDS RESOLUTION NO. 83-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF $305,620.68 NUMBERED 8470-8477 & 5582-5677 MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that Resolution No. 83-1 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. B. ORDINANCE 557-ESTABLISHING RULES AND REGULATIONS FOR ESTABLISHMENT OF ARCADES Frank G. Tripepi, City Manager, stated that earlier that evening during a study session regarding Arcades, it was the concensus of the Council to delete Section 9184.A.4 which is a relief from mandatory conditions from this ordinance. Councilman Imperial stated that he had no problem with the Ordinance, but he did feel that if a player purchased four coins and only used two, a refund should be made available for the re- maining coins. He felt that this ordinance should be sent back to the Planning Commission until some time that they can come back with language regarding a refund of money for unused coins. Mayor Tury stated that time did not allow this ordinance to be returned to the Planning Commission as the Moratorium would run out prior to that time. He felt that this Ordinance should be introduced as presented and that the Planning Commission should come up with an amendment pertaining to refund of unused tokens. MOTION BY MAYOR TURY, SECONDED BY COUNCILMAN CICHY that the Ordinance be introduced as presented and the Planning Commission be directed to prepare an amendment pertaining to refund of tokens. Councilman Taylor stated that also there was direction to the Planning Commission during the study session to check into the hours minors could participate. Mayor Tury stated that was correct and stated that would be included in the motion. Councilman Taylor stated that overall he did agree with the Ordinance and he felt that there was a couple of small items that need clarification, and need to be added to the ordinance. Frank.G. Tripepi, City Manager, inquired if this language could be added between the introduction and the adoption of the ordinance. Cary Reisman, City Attorney, stated that generally that could not be done, however, a new moratorium type ordinance could be adopted. Mayor Tury stated that in Section 9184.A.5 states that addi- tional conditions can be imposed upon the granting of any such CUP, and at that time the refunding of tokens could be included. CM 1-11-83 Page #3 E Cary Reisman, City Attorney, stated that he could not foresee any problem with that'kind of condition being imposed in the Use Permit providing that the Planning Commission and the Council have decided,by the time a Use Permit is being considered,that a specified refund policy is appropriate. Councilman Imperial stated that he felt that the Ordinance when passed should include what the City Council wants, and that it should include a refund of unused tokens and the regulation of hours that minors may play these games. Mayor Tury stated that it would be too complicated to control the hours that minors can play these games because there are too many variables. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that the original Ordinance be amended to include a flat refund of whatever the cost of a single token is. Vote resulted: AYES: Councilmen Taylor and Imperial NAYES: Councilman Cleveland, Cichy, and Mayor Tury ABSTAIN: None ABSENT: None Whereupon the Mayor declared said motion did not pass. ORDINANCE NO. 557 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ESTABLISHING RULES AND REGULATIONS FOR THE ESTABLISHMENT OF ARCADES MOTION BY MAYOR TURY, SECONDED BY COUNCILMAN CICHY that Ordinance No. 557 with the deletion of 9184.A.4 be introduced on its first reading and the reading in full be waived, and that the Planning Commission be directed to check into a refund section to be added to the Ordinance. Vote.resulted: AYES: Councilmen Cichy, Cleveland, and Mayor Tury NAYES: Councilman Taylor and Imperial ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR (CC-E deferred) CC-A ACCEPTANCE OF STREET IMPROVEMENTS--RELEASE OF FAITHFUL PERFORMANCE BOND AND AGREEMENT FOR TRACT #37812 AT 4445 & 4446 WALNUT GROVE CC-B ACCEPTANCE OF SANITARY SEWERS--EXONERATION OF FAITHFUL PERFORMANCE BOND FOR TRACT #38303--4229 to 4309 WALNUT GROVE CC-C APPROVAL OF PLANS & SPECIFICATIONS FOR TRAFFIC SIGNAL MODIFICATIONS--PROJECT II AND AUTHORIZATION TO ADVER- TISE FOR BIDS CC-D ACCEPTANCE OF ROAD DEEDS DEDICATING CORNER CUT-OFFS AT HELLMAN & BRIGHTON AND HELLMAN & ECKHART CC-F APPROVAL OF EMPLOYEE MEDICAL INSURANCE PRESCRIPTION PROGRAM 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. CM 1-11-83 Page #4 CC-E AUTHORIZATION TO ATTEND NATIONAL LEAGUE OF CITIES 1983 CONFERENCE, MARCH 5-8, 1983 IN WASHINGTON, D.C. Mayor Tury stated that he felt that trips to Washington, D. C., were terribly expensive. MOTION BY COUNCILMAN TAYLOR, SECONDED BY MAYOR TURY that this item be tabled. Vote resulted: AYES: Councilmen Taylor and Mayor Tury NAYES: Councilmen Imperial, Cleveland and Cichy ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion did not pass. MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN CLEVELAND that authorization to attend the National League of Cities 1983 Conference, March 5-8, 1983 in Washington, D. C. be approved. Vote resulted: AYES: Councilmen Cichy, Cleveland and Imperial NAYES: Councilman Taylor and Mayor Tury ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Imperial requested a breakdown of who will be going on this trip and what the actual expense will be on this trip and what staff-member, if any, would go and what the neces- sity of that what be. He stated that he heard on two occasions that these trips are too expensive. He added that he had made a trip to Washington, D. C., at less expense than it would take to go to San Francisco. Mayor Tury stated that the expenses should be checked into. V. MATTERS FOR DISCUSSION & ACTION A. CONSIDERATION OF RETAINING CABLE TELECOMMUNICATIONS CONSULTANT Frank G. Tripepi, City Manager, stated that this item is being presented for the Council's consideration for the hiring of consul- tant services for an economic feasibility study for municipally owned cable system. If after the study, it is not economically feasible to proceed it would make no sense to go any further. Councilman Imperial felt that the monthly fee would be too much for some of the citizens of the community, such as the senior citizens and handicapped citizens. He inquired if the City could come up with a situation that it could subsidize cable TV for people who definitely could not afford it. He felt that these were ques- tions that needed answering and that this study could do that. Councilman Taylor inquired if there were any representation from either of the companies. Frank G. Tripepi, City Manager, stated that they were not present. Councilman Taylor stated that Commerce and Duarte are the two cities are contemplating municipal ownership. Frank G. Tripepi, City Manager, stated that Commerce is proceeding with municipal ownership, and Duarte is in a lawsuit right now with their current franchisee. Councilman Taylor stated that before the City approves this study or in the potential area of municipally owned cable T.V., he wanted to see the proposal that was given to the City of Commerce and any others that are available. CM 1-11-83 Page H5 Councilman Cichy stated that it has been about three years since they have been looking into cable T.V., and one of the newer ways is the citizens of a City through their local govern- ment can run that station by contracting out for their services in order to recoup which looks to be enormous profits that could be made franchised takers. He did not feel additional informa- tion would be necessary to go on with the economic feasibility study. Mayor Tury stated that he has spoken several people who have been involved with cable for many,many years and they feel that this would be great. However, he stated that he would have no objection to holding over this item for additional information that Councilman Taylor had requested. Frank G. Tripepi, City Manager, stated that this idea is not the most popular with persons within the industry and even with some surrounding cities. He felt that 'some cities have missed an opportunity and are locked into a franchise which is for 15 years. This is just as an alternative for the Council to look at simply because a franchise is a very long range kind of committment and a long range document. Councilman Taylor stated that he felt that he needed a booklet or some kind of document to compare this proposal to. The City Manager stated that he would be happy to give him the information requested. There being no objection, mayor Tury stated that this item would be held over to the next regular meeting. B. CHAMBER OF COMMERCE REQUEST FOR CITY WIDE SIDEWALK SALE Councilman Taylor inquired if there were any provisions in the Municipal Code that would allow for sidewalk sales. John Carmona, Planning Director, stated that there were not in the Zoning Ordinance. Councilman Taylor requested that an ordinance be brought to the next Councilmeeting amending the present ordinance to allow one or two sidewalk sales for the year and one could be a promotion by the Chamber of Commerce. If this is to take place it should be done properly. Councilman Imperial stated that he did not oppose the Chambers sidewalk sale, however, he did feel that these sales should be approved by a case by case basis. MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CLEVELAND that the Chamber of Commerce be allowed to promote a Citywide sidewalk sale for February 12, 1983. Vote resulted: AYES: Councilmen Cichy, Cleveland, Imperial, and Mayor Tury NAYES: Councilman Taylor ABSENT: None ABSTAIN: None Whereupon.the Mayor declared said motion duly carried and so ordered. Coi.inci.l.man,Tayl.or requester) that the minutes show his ob- jection was not against the sidewalk sale. He felt that the ordinance should be corrected which he hoped would be done at the next Councilmeeting. CM 1-11-83 Page #6 VI. MATTERS FROM OFFICIALS A. Councilman Imperial requested that the City Manager have the Code Enforcement Officer enforce some of these Yard Sales that are taking place on Saturday and Sundays. He re- quested that his work days be exchanged so that he would be available when these yard sales are taking place. Councilman Taylor agreed that these yard sales need to be policed. B. Frank G. Tripepi, City Manager, stated that there are a couple of Road Deeds that need acceptance by the Council. Councilman Taylor inquired if they needed to be acted upon this evening, and if it doesn't make any difference,he stated that he would rather have it placed on the next Agenda. There being no objection, it was so ordered. There being no further business to handle, the Council Meet- ing was adjourned to the next regular meeting on January 25, 1983 at 8:00 p. m. Respectfully submitted: City) Clerk APPROVED: MAYOR ~ CM 1-11-83 Page N7 APPROVED CITY OF ROSE IMEAD DATE \Y STUDY SESSION RULES & REGULATIONS FOR ARCADES JANUARY 11, 1983 AT 7:15 P. M. The Study Session for the Rules and Regulations of the establishment of Arcades in the City of Rosemead was called to order by Mayor Tury at 7:15 p. m., in the Conference Room of City Hall, 8838 E. Valley Blvd., Rosemead, California. Mayor Tury requested that Section 9184.A.4 be completely deleted from the ordinance as it is complete restatement of the State law. MOTION BY MAYOR TURY, SECONDED BY COUNCILMAN TAYLOR that Section 9184.A.4 be completely deleted from Ordinance 557 prior to the introduction. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. The refunding for the tokens that are not used was discussed at length by both the Councilmembers and members of the Planning Commission that were present at the Study Session, but was not resolved at this time. Mayor Tury suggested that the Planning Commission study the refund policy and it could be presented as an amendment to the Ordinance or as another condition in the Conditional Use Permit at the time the application for a CUP is being requested. The other item that the Planning Commission was requested to check into was the hours that minors without parents would be allowed to play those games at the arcades. MOTION BY COUNCILMAN CLEVELAND, SECONDED BY COUNCILMAN CICHY that the Ordinance be presented as it is for introduction with the deletion of Section 9184.A.4 and with the instruction to the Planning Commission for further study on a refund for tokens and the possibility for control of the hours that minors will be allowed to play. Vote resulted: AYES: Councilmen Cichy, Cleveland and Mayor Tury NAYES: Councilmen Tayolor and Imperial ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. The Study Session regarding the regulations of Arcades was adjourned at 8:00 p. m. ~Respectfully submitted: City Jerk APPROVED: Study Session Page Hl