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CC - 12-28-82C1TY QI' R0S1 :dfEA.D MINUTES OF THE REGULAR MEETING OF THE ROSEMEAD CITY COUNCIL DECEMBER 28, 1982 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 Taylor. The Invocation was delivered by Rev. John Juedes. f ROLL CALL OF OFFICERS: 1\ Present: Councilmembers Cleveland, Imperial, Taylor, and Mayor Tury Absent: Councilman Cichy(Excused) APPROVAL OF MINUTES:' December 14, 1982 - Regular Meeting MOTION BY COUNCILMAN TAYLOR., SECONDED BY COUNCILMAN IMPERIAL that the Minutes of the December 14, 1982 Meeting be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. II. PUBLIC HEARINGS A. CONTINUED PUBLIC HEARING TO CONSIDER RESOLUTION OF NECESSITY FOR RIGHT OF WAY ACQUISITION ON DEL MAR Frank G. Tripepi, City Manager, stated that negotiations are.currently taking place and requested that the Council continue this Public Hearing to the next regular Meeting on January 11, 1983. Mayor Tury opened the Public Hearing and continued it to the next meeting. B. PUBLIC HEARING TO CONSIDER ZONING CODE AMENDMENT REGARDING SECTIONS 9185 TO 9185.4 REGULATING GAME ARCADES AND NEGATIVE DECLARATIONS Mayor Tury inquired if there were any questions on the pro- posed amendments. Councilman Taylor stated that he felt that all the mandatory conditions which start on page two were reasonable and necessary. He felt that Section 9134(A).4. Relief from Manadatory Conditions, ` was contradictory to the entire first Section of the Ordinance. John Carmona, Planning Director, stated that Section 9184(A).4 is almost a reiteration of the variance procedures as described under State law and local ordinance. Mandatory conditions are development standards and development standards are subject to variance which is an exception. He agreed that it.was redundant, and if this Section were deleted, any applicant could apply for a variance to any of those required conditions. He stated that simply this Section states that this ordinance recognizes that these conditions may not be applicable to each and every business or arcade that may apply and is recognizing that by this reiteration of State and local ordinances under variances, that exceptions may be granted. It goes further as it also says that additional conditions may be added. Robert Kress, City Attorney, stated that he agreed with the Planning Director's interpretation. This Section is an effort to state the flexibility that exist pursuant to State Law. This was done to be able to hand an applicant the Ordinance which states the rules. CM 12-28-82 Page Nl L i ~ Councilman Taylor questioned Condition f. Noise Control Conditions which states that the following noise control condi- tions shall not apply to mixed uses within a single building occupancy. John Carmona, Planning Director, stated that Section f.would not be applicable, if in a single room there were a variety of activities occuring, but would be if there were separate busi- nesses adjoining the arcare areas. Councilman Taylor stated that made sense. Robert Kress, City Attorney stated that the regular noise ordinance would control the single room noise activity. Councilman Taylor inquired about the tokens that are being used in the machines. He felt that the ordinance should state that the tokens may be redeemed for cash, and a sign above the machines stating that fact. John Carmona, Planning Director, stated that there had been extensive discussion on the Planning Commission level and it was decided not to add that. Mayor Tury stated that the Public Hearing was open and in- quired if there was anyone who would care to speak regarding this matter. Juan Nunez, 2702 Del Mar, also spoke about the return of the unused tokens, and felt that it was a good idea. Robert Ritchie, 9355 Glendon Way, stated that one of the reasons that the tokens were not included in the ordinance is that if the machines pay-off in tokens and if they redeem these tokens and re- ceive the money then the player would be in a gambling situation. Frank G. Tripepi, City Manager, stated that the machines that he was aware of paid in credits, and does not pay in either tokens or cash. Robert Ritchie, stated that the Planning Commission did not feel that it was their prerogative to tell them how to run their business. Robert Kress, City Attorney, stated an additional problem is that some of these arcades will sell 5 tokens for a $1.00 where one can play one game for a quarter. Mayor Tury stated that it should be investigated to see if any of these machines do pay off in tokens, and before this Ordinance is adopted to see if this should be added to it with an amendment. Councilman Taylor inquired if the Ordinances for the surround- ing cities were available and requested copies of them. Mayor Tury inquired if there was anyone else who would care to speak regarding this matter. No one else came forward. The Public Hearing was closed. Councilman Imperial requested that this Ordinance be deferred to a Study Session. Mayor Tury deferred this Ordinance to a study session after the Redevelopment Agency Meeting, but requested that questions be referred to the Staff so that the answers to the individual questions would be available and a decision could be made that night. There being no objection, it was so ordered. I CM 12-28-82 Page #2 III. LEGISLATIVE A. RESOLUTION NO. 82-52 NOTIFYING STATE OF CANCELLATION OF RESPONSIBILITY FOR THE ENFORCEMENT OF MOBILEHOME PARKS ACT RESOLUTION NO. 82-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD NOTIFYING THE STATE OF CALIFORNIA OF CANCELLATION OF RESPONSIBILITY FOR THE ENFORCEMENT OF THE MOBILEHOME PARKS ACT MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CLEVELAND that Resolution No. 82-52.be adopted. Vote resulted: AYES: Councilmen Cleveland, Taylor and Mayor Tury: NAYES: Councilman Imperial ABSENT: Councilman Cichy ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. B. RESOLUTION NO. 82-54 - CLAIMS & DEMANDS RESOLUTION NO. 82-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN*CLAIMS AND DEMANDS IN THE SUM OF $366,452.52 NUMBERED 8461-8469 & 5468 THRU 5581 INCLUSIVELY MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that Resolution No. 82-54 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Mayor Tury requested a copy.of warrant No. 5551 and Councilman Taylor requested a copy of Warrant No. 5507. . Frank G. Tripepi, City.Manager, stated that he would provide backups to both of those warrants to the Council. C. RESOLUTION NO. 82-55 - AUTHORIZING SIGNATURES ON WARRANTS RESOLUTION NO. 82-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AUTHORIZING THAT WARRANTS BEAR THE SIGNATURES OF CERTAIN CITY OFFICIALS Councilman Taylor recommended that the procedure be left,. as it is with all written signatures. Mayor Tury felt that two written signatures=and one.machine`.-> would be desirable. Frank G. Tripepi, City Manager, stated that he felt that all three signatures should then be manual, but the Resolution needs to be adopted to authorize the signatures needed on the Warrants. RESOLUTION NO. 82-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AUTHORIZING THAT WARRANTS BEAR THE SIGNATURES OF CERTAIN CITY OFFICIALS MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that Resolution No. 82-55 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Mayor Tury requested that some discussion take place at the next Council Meeting regarding the signature machine. CM 12-28-82 Page #3 i A~ D. RESOLUTION NO. 82-56 - URGING STATE LEGISLATURE TO ADOPT A POLICY DESIGNATING ANY LOCAL GOVERNMENT FUNDING SHOULD ALLOCATED FROM LOCAL GOVERNMENT BAIL OUT FUNDS RESOLUTION NO. 82-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD URGING THE STATE LEGISLATURE TO ADOPT A POLICY DESIGNATING THAT ANY LOCAL GOVERNMENT FUND- ING WHICH IS REALLOCATED FOR STATE PURPOSES SHOULD BE ALLOCATED FROM LOCAL GOVERNMENT BAIL-OUT FUNDS MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN TAYLOR that Resolution No. 82-56 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. 82-57 - HONORING CITY OF BELLFLOWER ON 25TH ANNIVERSARY & DEDICATION OF NEW CIVIC CENTER COMPLEX RESOLUTION NO. 82-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD HONORING THE CITY OF BELLFLOWER ON ITS 25TH ANNIVERSARY OF INCORPORATION AND THE DEDI- CATION OF A NEW CIVIC CENTER COMPLEX MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CLEVELAND that Resolution No. 82-57 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 Councilman Taylor inquired about the square footage costs on CC-A and inquired if these people would be assessed the full cost of the improvement. Robert T. Dickey, Assistant City Manager, stated that they were made aware that they would be assessed the full cost of the improvement. Mayor Tury stated that has been a firm policy of the Council and that policy will be continued. CC-A ACCEPTANCE OF APPRAISALS AND NEGATIVE DECLARATION FOR STRATHMORE AVENUE (GARVEY/GRAVES) CC-B SAN GABRIEL BLVD.--RED CURB REMOVAL CC-C CLAIM AGAINST CITY ON BEHALF OF AHMED KASEM CC-D AUTHORIZATION TO ATTEND GOVERNORS INAUGURATION, JANUARY 2-4, 1983 IN SACRAMENTO CC-E AUTHORIZATION TO MEET LEGISLATORS IN SACRAMENTO, JANUARY 2-4, 1983 IN SACRAMENTO CC-F AUTHORIZATION TO ATTEND ROBBERY INVESTIGATORS SEMINAR IN LAS VEGAS, FEBRUARY 2-4, 1983 CC-G AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES CITY MANAGERS MEETING IN MONTEREY, FEB. 16-18, 1983 MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that the foregoing Items on the Consent Calendar be approved. Vote resulted: CM 12-28-82 Page #4 fA UPON ROLL CALL -ALL COUNCILMEMBERS PRESENT.VOTED AYE. The Mayor declared said motion duly carried and so.ordered. Mayor.Tury inquired if anyone would care to say anything, and Robert Kress, City Attorney; stated that he would not be attending the next Council Meeting as he will be honeymooning. There.being no further business, the Council Meeting was adjourned to the next regular Meeting on January 11, 1983 at 8:00 p. m. Mayor Tury wished everyone a Happy New Year. Respectfully submitted: Ci Clerk APPROVED: MAYOR CM 12-28-82 Page N5